Bikaram Mahto @ Karan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23082 of 2019 Arising Out of PS. Case No.-262 Year-2017 Thana- NAUTAN District- West Champaran ====================================================== BIKARAM MAHTO @ KARAN MAHTO Son of Sri Yogendra Mahto, Resident of Village-Upadhyay Tola, P.S-Chanpatia, District-West Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Nautan (Jagdishpur) P.S. Case No. 262/2017, instituted for offence under Section(s) 328, 324, 364A, 366, 379, 120B, 504/34 of the Indian Penal Code. It is alleged in the written report that daughter of complainant was married with Kushal Mahto in the year 2016. On 05.04.2017 complainant went to the matrimonial house of his daughter and brought her to his house. Thereafter on 27.04.2017, accused persons, including this petitioner and son-in-law of complainant came to his house and made request to send his daughter. The complainant permitted her to go with her husband. Subsequently, complainant learnt that his daughter was kidnapped by the accused persons including this petitioner. On query, accused persons started abusing him. They assaulted the complainant with fists ans slaps. The accused persons demanded Rs. 5 lacs from the
Patna High Court CR. MISC. No.23082 of 2019(4) dt.05-07-2019 2/2 complainant as extortion and gave threat of dire consequences. Learned counsel for the petitioner has submitted that petitioner is cousin brother of the husband of victim. Victim on recovery has given statement under Section 164 Cr.P.C., which is available in case diary, wherein she has stated that she lived in Delhi for two months with this petitioner. She has not alleged any allegation of committing specific overt act against this petitioner. It has come in para 76 of case diary that there was love affairs between petitioner and victim girl.
Petitioner is in custody since 07.12.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Nautan (Jagdishpur) P.S. Case No. 262/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T