Virendra Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25727 of 2020 Arising Out of PS. Case No.-230 Year-2017 Thana- PHULPARAS District- Madhubani ====================================================== VIRENDRA KUMAR MAHTO Son of Ram Awtar Mahto Resident of Village- Sugapatti, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-11-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video-conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Phulparas P.S. Case no. 230 of 2017 registered under section 363 of the Indian Penal Code to which sections 302, 201, 354B and 34 of the Indian Penal Code and section 3 of the POCSO Act were added subsequently.

As per allegation in the F.I.R, it is stated by the informant that he had gone to the mela from where his 11 year old minor daughter namely Saraswati Kumari disappeared and was not to be found inspite of all effort. It is submitted by learned counsel for the petitioner that the name of the petitioner transpired in course of investigation in the confessional statement of

Patna High Court CR. MISC. No.25727 of 2020(3) dt.13-11-2020 2/3 one Raushan. It is further submitted that one Santoshi who also happens to be the daughter of the informant was arrested during course of investigation and in her confessional statement she has stated that she had become friends with one Kumod, Ravindra and Raushan and there was illicit relationship between them. Her sister Saraswati Kumari had given information to her father about the illicit relationship of Santoshi on which she was beaten up and thereafter the said Santoshi along with Kumod, Ravindra and Raushan were involved in the murder of her sister Sarswati Kumari. So far as petitioner is concerned, it has only transpired that he was associated with the aforesaid Kumod and Raushan. The petitioner is in custody since 21.03.2020 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Case diary called for in the case has been received.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the materials that has transpired in course of investigation and the petitioner being in custody since 21.03.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Phulparas P.S

Patna High Court CR. MISC. No.25727 of 2020(3) dt.13-11-2020 3/3 Case no. 230 of 2017 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum- Special Judge, Madhubani. (Partha Sarthy, J) Prakash/- U