Dilip Mahto @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52968 of 2018 Arising Out of PS.Case No. -82 Year- 2017 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Dilip Mahto @ Dilip Kumar S/o Chandeshwar Mahto, R/o Vill.- Gangesara, P.S.- Sarairanjan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 363, 366A, 504 & 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that on the pretext of being her mother illness, the victim was kidnapped by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. It has been submitted that the victim girl after recovery has

Patna High Court Cr.Misc. No.52968 of 2018 (2) dt.20-09-2018 given statement u/S 164 of the Cr.P.C. wherein she has not made allegation against this petitioner. The entire allegation is against co-accused namely Pankaj Mahto.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Samastipur in connection with Sarairanjan P.S. Case No. 82 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T