Phuleshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43722 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- JALALPUR District- Saran ====================================================== Phuleshwar Mahto Son of Late Bakotan Mahto Resident of Village - Mangolapur, P.S.- Jalalpur, Distt.- 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 PRABHAT KUMAR SINGH ORAL ORDER 2.

01-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Jalalpur P.S. Case No. 43 of 2021, registered for the offence under Section 366(A) / 34 of the Indian Penal Code.

It is submitted on behalf of petitioner that petitioner is father of co-accused Chhotelal Mahto and there is no specific allegation against him. In this case, statement of the victim girl (Usha Kumari) has been recorded under Section 164 Cr.P.C. (Annexure - 2) wherein she has admitted that she was in love with co-accused Chhotelal Mahto and as such, she voluntarily went with him to Punjab and solemnized marriage there in a temple and now, she desires to live in her matrimonial home. She has also stated her age as 20 years. Petitioner is in custody since 01.04.2021.

Patna High Court CR. MISC. No.43722 of 2021(2) dt.01-11-2021 2/2 In view of statement of the victim girl recorded under Section 164 Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 13th, Chapra, District - Saran in connection with Jalalpur P.S. Case No. 43 of 2021.

(Prabhat Kumar Singh, J.) anay U T