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Patna High CourtCR. MISC./26927/2019allowed

Munna Mahato v. The State Of Bihar

2019-04-24Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26927 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

MUNNA MAHATO Son of Late Marai Mahato Resident of Village- Nawada Parsauni, P.S.- Uchakagaon, District- Gopalganj. 2.

Nathuni Mahato Son of Late Marai Mahato Resident of Village- Nawada Parsauni, P.S.- Uchakagaon, District- Gopalganj. 3.

Manju Devi Wife of Munna Mahato Resident of Village- Nawada Parsauni, P.S.- Uchakagaon, District- Gopalganj. 4.

Setha Mahato Son of Late Marai Mahato Resident of Village- Nawada Parsauni, P.S.- Uchakagaon, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Uchakagaon. P.S. Case No. 293 of 2018 for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any office. In fact, there was love affair between the victim and co-accused Brij

Patna High Court CR. MISC. No.26927 of 2019(2) dt.24-04-2019 2/2 Kishore Mahato and the victim voluntarily fled away from her house and performed marriage with Brij Kishore Mahato, this fact is evident from the statement of victim, who is major, recorded under Section 164 Cr.P.C., which is at Annexures-2 and 3. These petitioners are close relatives of Brij Kishore Mahato and they have no concern with the alleged occurrence. Hence, the petitioners may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioners in the event of surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, Gopalganj in connection with Uchakagaon P.S. Case No. 293 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) brajesh/- U T