Patna High CourtCR. MISC./42058/2013bail granted

Upendra Mahto @ Dhanraj Mahto v. The State Of Bihar

2015-04-10The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42058 of 2013 Arising Out of PS.Case No. -5 Year- 2001 Thana -SIKTI District- ARRARIA ====================================================== Upendra Mahto @ Dhanraj Mahto, Son Of Late Amin Mahto, Resident Of Village - Aulabari, P.S.- Sikti, District-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Kanhiya Kishore(APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-04-2015 The petitioner was shown as accused in Sikty P.S. Case No.005 of 2001, wherein offence referable to Section 364 of the I.P.C. was alleged.

The informant stated that his son, who slept in the house on 24.1.2001, was not found in the morning and he suspected involvement of the petitioner and another in kidnapping of his son on account of existing land dispute. The case was registered and the petitioner was arrested on 5.1.2013. He filed petition bail petition vide S.T. No.133 of 2013 in the court of the 1st Additional Sessions Judge, Araria. The same was dismissed on 21.6.2013. Hence, this application for grant of bail.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

Patna High Court Cr.Misc. No.42058 of 2013 (3) dt.10-04-2015 2/2 The allegation, no doubt, is serious in nature. The fact remains that the name of the petitioner in the alleged kidnapping was surfaced and in the statement of the victim boy recorded under Section 161 Cr.P.C., he did not name the petitioner. Hence the application is allowed.

The petitioner, named above, is directed to be released on bail on furnishing the bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Araria, in connection with Sikty P.S. Case No.005 of 2001 corresponding to S.T. No.133 of 2013.

(L. Narasimha Reddy,CJ) PNM U T