Lal Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24901 of 2022 Arising Out of PS. Case No.-72 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

LAL BABU MAHTO S/o Shiv Sharan Mahto R/o village- Hariharpur, P.S.- Sonbarsa, District- Sitamarhi 2.

Ram Babu Mahto S/o Shiv Sharan Mahto R/o village- Hariharpur, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 363 and 366A of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused persons are alleged to have forcibly kidnapped the minor girl of the informant who is 16 years old. Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.24901 of 2022(2) dt.17-08-2022 2/2 the petitioners are innocent and have falsely been implicated in this case. The petitioners are father and uncle of the co-accused Amar Kumar. Nothing has been recovered from the possession of the petitioners. The victim girl is her statement recorded under Section 164 of the Cr.P.C has not stated the name of the petitioner in the crime alleged. The petitioners are accused in one other criminal case as stated at para 3 of the bail petition. The petitioners are in custody since 12.01.2022. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on them furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Sitamarhi, in connection with Sonbarsa P.S. Case No. 72 of 2020. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T