Chhote Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42387 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- JALALPUR District- Saran ====================================================== 1.

Chhote Lal Mahto S/O Phuleshwar Mahto R/O Village-Mangolpur, Police Station-Jalalpur, District- Saran Chapra 2.

Sharda Devi W/O Phuleshwar Mahto R/O Village-Mangolapur, Police Station-Jalalpur, District- Saran Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

Petitioners are said to have kidnapped the daughter of the informant for the purpose of marriage.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely

Patna High Court CR. MISC. No.42387 of 2021(2) dt.11-04-2022 2/2 implicated in this case. He submits that the victim in her statement recorded under Section 164 of the Cr.P.C. has stated that she had love affair with petitioner no. 1 with whom she performed marriage four to five years back in a temple and she is presently residing with him. He submits that petitioner no. 2 is the mother of petitioner no. 1. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jalalpur P.S. Case No. 43 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T