Rakesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26511 of 2020 Arising Out of PS. Case No.-355 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== RAKESH MAHTO Son of Chandeshwar Mahto Resident of Village - Gaighat, P.S. Runnisaidpur, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Runnisaidpur Police Station Case No. 355 of 2019, registered for the offences punishable under Sections 363/366-A of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report, is that the petitioner, along with one Chulbul Devi, abducted the minor daughter of the informant for the purpose of marriage.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as both the parties are co-villagers, and from the

Patna High Court CR. MISC. No.26511 of 2020(2) dt.12-10-2020 2/3 statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, (Annexure-2) it is evident that the victim girl has stated that Chulbul Devi had abducted her for the purpose of marriage with the petitioner and the victim girl has further stated that she wants to marry with the petitioner. He further submits that co-accused Chulbul Devi has been granted bail by this Court vide order, passed in Criminal Misc. No. 11369 of 2020. He further submits that the petitioner is in custody since 06.09.2019.

Having heard learned Counsel for the parties and taking into consideration the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973, and the fact that co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur Police Station Case No. 355 of 2019.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.26511 of 2020(2) dt.12-10-2020 3/3 bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √