Shital Deo Mahto @ Shital Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28217 of 2020 Arising Out of PS. Case No.-236 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== SHITAL DEO MAHTO @ SHITAL MAHTO Son of Pardeshi Mahto Resident of Village- Hat Parsa, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-11-2020 Heard both sides through Video Conferencing.
The petitioner seeks bail in Harlakhi P.S. Case No.236 of 2019 registered under Sections 366A and 34 of the Indian Penal Code.
The learned counsel for the petitioner submits that allegation against the petitioner is that the petitioner kidnapped the victim but it appears that victim was having affairs with the petitioner and she voluntarily accompanied the petitioner. The victim in her statement disclosed that petitioner has not established any physical relation with her although she was confined in a room and for that the petitioner is in jail since last ten months.
Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that
Patna High Court CR. MISC. No.28217 of 2020(2) dt.02-11-2020 2/2 victim herself did not allege that petitioner established physical relation with her and doctor found the age of victim to be about 19 years and also the fact that petitioner has already remained in jail for more than ten months, let the petitioner, above named, be enlarged 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 A.C.J.M. III, Benipatti, Madhubani in connection with Harlakhi P.S. Case No.236 of 2019. (Prabhat Kumar Jha, J) Saurabh/- U T