Raj Kumar Mahto @ Doma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.547 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -MEERGANJ District- PURNIA ======================================================
1. Raj Kumar Mahto @ Doma Son of Sri Ram Shankar Mahto R/o VillageKhedlichak Musahari, P.S.- Mirganj, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. N.K. Agarwal For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The application is for grant of bail in connection with Meerganj PS case no. 87 of 2016 for the offence under Section 366/34 of the Indian Penal Code.
It is submitted on behalf of petitioner that though there is allegation of kidnapping of a girl and the girl has stated in her statement under Section 164 Cr.P.C. about the kidnapping but the girl has not stated anything else except that petitioner has taken away her and the age of the victim, as assessed by medical board, is 19-20 years. It is further submitted that petitioner is in custody 23.10.2016 and he has no criminal antecedent. Heard learned A.P.P. also. Learned A.P.P. has
Patna High Court Cr.Misc. No.547 of 2017 (2) dt.13-01-2017 2/2 opposed the prayer for bail.
Having heard both sides. In view of the fact that victim is a major girl and for the crime committed by the petitioner he is in custody for about three months, the bail application of petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-I, Purnea in connection with Mirganj P.S. case no. 87 of 2016 with a condition that bailors should have the property within the jurisdiction of learned court below with further condition that he will cooperate in the disposal of the case and petitioner will make himself available on each and every date except on some genuine reason and he shall not make any inducement to gain over the witnesses in this case, otherwise his bail bonds shall be cancelled. (Vinod Kumar Sinha, J.) rinkee/- U T