Prameshwar Mahto @ Bhuswa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49447 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -SONBERSA District- SITAMARHI ======================================================

1. Prameshwar Mahto @ Bhuswa Son of Late Ram Dayal Mahto, Resident of Village-Shantitola Madiya, P.S.-Sonbarsa, District-Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Sri Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-12-2016 Supplementary affidavit filed on behalf of petitioner has been kept on record.

Heard learned counsel for the petitioner as well as learned APP.

There happens to be specific allegation against the petitioner who along with Krishn Nandan Mahto, Chunchun Mahto, his wife kidnapped Anju Kumari aged about 17 years and for that Baiju Raut, father of Anju Kumari filed a written report. The alleged victim, Anju Kumari has been recovered and her statement under Section 164 CrPC has been recorded, a copy of which is annexure of the supplementary affidavit. After perusal of the same, it is apparent that she on her own volunteered with Krishn Nandan.

By having a particular disclosure by the informant

Patna High Court Cr.Misc. No.49447 of 2016 (2) dt.15-12-2016 himself regarding age of the victim to be aged about 17 years touching the majority inconsonance with the statement whatsoever been at her end under Section 164 CrPC, petitioner, Prameshwar Mahto @ Bhuswa is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Sonbarsa PS Case No. 27/2016.

(Aditya Kumar Trivedi, J) perwez U T