Mukesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22810 of 2020 Arising Out of PS. Case No.-889 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== MUKESH MAHTO Son of Shiv Pujan Mahto Resident of Village- Fulwar Gamariya, P.S.- Banjaria (Turkauliya), Distt- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-11-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 364, 302, 201, 120B of the I.P.C.

Allegation against petitioner is of kidnapping the minor daughter of informant.

It has been submitted on behalf of petitioner that petitioner is not named in the FIR. His name has transpired in this case on the basis of re-statement made by informant at the

Patna High Court CR. MISC. No.22810 of 2020(3) dt.04-11-2020 2/3 instance of his enemies and there is no eye-witness of the occurrence. Similarly placed co-accused, namely, Devendra Singh has been granted bail by a co-ordinate Bench of this Court as contained in Annexure-2. Petitioner has no criminal antecedent and is in custody since 15.12.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No. 889 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.22810 of 2020(3) dt.04-11-2020 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T