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Patna High CourtCR. MISC./33230/2021bail granted

Prem Mahto @ Prem Kumar Mahto v. The State Of Bihar

2022-07-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33230 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

PREM MAHTO @ PREM KUMAR MAHTO Son of Late Banarasi Mahto Resident of Mohalla- Pandasarai, P.S.- Laheriasarai, District- Darbhanga. 2.

Sunil Mahto @ Sunil Kumar Mahto Son of Umesh Mahto Resident of Village- Kakodha, Block- Tardih, P.S.- Sakatpur, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 357, 354 and some other allied Sections of the Indian Penal Code. As per the prosecution case, on 23.01.2021 at about 7 PM all the accused persons, including these petitioners, entered into house of informant and tried to kidnap her daughter. It is further alleged that they gave threats to her daughter by putting country made pistol on her body and sent photo on the mobile of her daughter.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.33230 of 2021(3) dt.21-07-2022 2/2 that petitioners are innocent and have falsely been implicated in the case. As a matter of fact Kamlesh Mahto, brother-in-law of petitioner No.1, was residing in the house of petitioner No.1 for the purpose of study and informant and her family members approached petitioner No.1 for marriage of her daughter with Kamlesh Mahto but petitioner No.1 flatly refused the proposal and due to that petitioners have been implicated in this false case. Petitioners have got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai PS case No. 51/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T