Bharat Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38305 of 2022 Arising Out of PS. Case No.-182 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== BHARAT MAHTO SON OF KANHAIYA MAHATO RESIDENT OF VILLAGE- BAKHARIYA, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Sachida Nand Rai, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code read with Section 8 of the Protection of Children from Sexual Offence Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner along with co-accused persons kidnapped her daughter in her absence.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present, it is next submitted that even the victim in her statement recorded under
Patna High Court CR. MISC. No.38305 of 2022(2) dt.05-12-2022 2/2 Section 164 Cr.P.C. has not supported the prosecution case, rather she has stated that she was thrashed by her family members and thus she left her house and went to Delhi by train. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nautan P.S. Case No. 182 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T