Karu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31932 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- BHADAUR District- Patna ====================================================== 1.

Karu Mahto S/O Late Gauri Mahto R/O Vill.- Parmnama, P.s.- Sarmera, Dist.- Patna.

2.

Babuchand Mahto @ Babuchand Kumar S/O Late Gauri Mahto R/O Vill.- Parmnama, P.s.- Sarmera, Dist.- Patna.

3.

Puja Devi W/O Rahul Kumar R/O Vill.- Parmnama, P.s.- Sarmera, Dist.- Patna.

4.

Gita Devi W/O Karu Mahto R/O Vill.- Parmnama, P.s.- Sarmera, Dist.- Patna.

5.

Simpi Devi W/O Babu Chand Mahto R/O Vill.- Parmnama, P.s.- Sarmera, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. In this present case, the petitioners are apprehending their arrest in connection with Bhadaur P.S. Case No. 126 of 2024 registered for the offences under Sections 137(2) and 140(3) of the B.N.S.

3. As per prosecution case, 18 years old daughter of the informant went missing from a marriage function and the informant named the petitioners and other co-accused for being involved in kidnapping of his daughter.

Patna High Court CR. MISC. No.31932 of 2025(2) dt.19-05-2025 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The present case has been lodged with sweeping allegation after delay of 12 days and there is no explanation for the same. The story of the informant is not believable that on 13.12.2024 he came to know about the involvement of the petitioners and others with regard to abduction of his daughter but the FIR was lodged on 16.12.2024. The petitioners have no concern with coaccused Niru Kumar who is agnate of the petitioners. The age of the daughter of the informant is admittedly 18 years and she might have eloped with co-accused Niru Kumar and the petitioners have been made accused without any material against them. Petitioners are having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioners without any substantive material against them and further considering the clean antecedent of the petitioners and also considering the possibility of false implication, in the event of their arrest or surrender before the court concerned within a period of eight

Patna High Court CR. MISC. No.31932 of 2025(2) dt.19-05-2025 3/3 weeks from today, be released on bail, on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Barh, Patna/concerned court in connection with Bhadaur P.S. Case No. 126 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T