Manoj Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32152 of 2024 Arising Out of PS. Case No.-440 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Manoj Mahto Son of Kailu Mahto Resident of Village- Naradpur, P.SBeldaur, Dist- Khagaria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehend his arrest in a case registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code.
3. Allegation against the petitioner is that he along with other accused persons have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioners have been falsely implicated in this case. He further submits that occurrence took place on 29.09.2021 but the FIR has been lodged on 04.10.2021, after delay of 5 days. He submits that there is no specific overt act against the petitioner. The police after investigation submitted the final form against
Patna High Court CR. MISC. No.32152 of 2024(2) dt.19-07-2024 2/2 the petitioner but the learned court below took cognizance against him. He submits that the victim in her statement recorded under Section 164 Cr.P.C. has not supported the prosecution case. He further submits that petitioner has no criminal antecedent as stated in paragraph-3 of the bail application.
5. Learned A.P.P. for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Gogri P.S. Case No. 440 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) durgesh/- U