Pannalal Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58632 of 2017 Arising Out of PS.Case No. -275 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Pannalal Mahto, S/o Late Jageshwar Mahto,

2. Chulhai Mahto S/o Pannalal Mahto,

3. Manish Mahto S/o Pannalal Mahto,

4. Chintu Kumar S/o Pannalal Mahto, All R/o Village- Sudhbara, P.O.- Anant Kamtaul, P.S.- Kudhani, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Hajipur Town P.S. Case No. 275 of 2017 registered for the offence punishable under Sections 365 and 366(A)/34 of the Indian Penal Code.

The allegation is regarding one Navin Kumar abducting the victim girl and the petitioners herein are said to have aided the said Navin Kumar in his sinister design.

The learned counsel for the petitioners submits that there is no complicity whatsoever of the petitioners herein inasmuch as the said Navin Kumar was staying at Hajipur away from the village of the petitioners herein and they do not know as to what he was doing at Hajipur and in any case accusation is with regard to the said Navin Kumar abducting the victim girl whereafter both

Patna High Court Cr.Misc. No.58632 of 2017 (5) dt.30-01-2018 2/2 the boy and girl are traceless. It is further submitted that the petitioners have a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, however, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 275 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is further directed that the petitioners shall join the investigation and cooperate with the Investigating Agency during investigation. It is further made clear that in case the Investigating Agency finds that the petitioners are not cooperating in the investigation, it would be free for the Investigating Agency to approach this Court for cancellation of bail of the petitioners herein.

(Mohit Kumar Shah, J) S.Sb/- U T