Dharamdeo Mahto @ Dharamdeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26741 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -NAWAKOTHI District- BEGUSARAI ======================================================

1. Dharamdeo Mahto @ Dharamdeo Kumar Son of Sri Manoj Mahto, resident of Village- Sisauni, P.S.- Dandari, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Naokothi P.S. Case No. 19 of 2017 instituted for the offence under Sections-366A/34 of the Indian Penal Code and 27 of the Arms Act.

It has been alleged in the written report that the minor daughter of the informant has been kidnapped by the petitioner and other accused persons. The statement of victim was recorded u/S 164 of the Cr.P.C. which has been annexed as Annexure-2 to this petition, in which, she stated that she has solemnized her marriage with this petitioner. She has not been kidnapped. She has stated her age as 17 years.

Keeping in view the specific statement made by the victim girl that the victim girl has solemnized her marriage with the petitioner, this anticipatory bail is allowed and it is ordered that the petitioner

Patna High Court Cr.Misc. No.26741 of 2017 (2) dt.06-07-2017 2/2 named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Naokothi P.S. Case No. 19 of 2017 to the satisfaction of Sri Raghubir Prasad, learned Judicial Magistrate-Ist Class, Begusarai subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T