Hiralal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33249 of 2024 Arising Out of PS. Case No.-628 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Hiralal Mahto, Son of Jamadar Mahto Resident of Village- Gyanidas Tola, P.S.- Rangra, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gopalpur (Rangra) P.S. Case No. 628 of 2023 instituted for the offences punishable under Sections 363, 366(A), 370, 373, 467, 468, 471, 120(B)/34 of the Indian Penal Code and Sections 10/11 of the Prohibition and Child Marriage Act and 3, 4 and 5 of the Immoral Traffic Prevention Act.

3. As per the prosecution case there is specific allegation against co-accused Karelal Mandal to receive money from one Raju Kumar Teli for the marriage of a minor girl.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.33249 of 2024(2) dt.20-05-2024 2/3 falsely been implicated in this case, where, the present petitioner is father of the victim. There is recovery of money as alleged in the FIR from the conscious possession of the co-accused Karelal Mandal and not against this petitioner. He further submits that petitioner is a man of clean antecedent and he is in custody since 27.12.2023. It is submitted that similarly situated co-accused persons have already been granted bail by this Court through Cr. Misc. No.27600 of 2024 on 23.04.2024 and Cr. Misc. No.26638 of 2024 on 17.05.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned 3rd Additional District and Sessions Judge, Naugachia, Bhagalpur dated 21.02.2024, it appears that the coaccused had receive the money from one Raju Kumar Teli for the purpose of marriage of a minor girl. Considering all these aspects of the matter, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after commitment of the case on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-1st, Naughachia, Bhagalpur in connection with Gopalpur (Rangra O.P.) P.S. Case No. 628 of 2023, with condition that petitioner after release

Patna High Court CR. MISC. No.33249 of 2024(2) dt.20-05-2024 3/3 shall present before the trial Court on each and every date till conclusion of the trial.

(Ramesh Chand Malviya, J) S.Katyayan/- U T