Patna High CourtCR. MISC./38748/2023bail granted

Tarkeshwar Mahto v. The State Of Bihar

2023-12-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38748 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== 1.

Tarkeshwar Mahto Son Of Late Dharmnath Mahto Resident Of Village - Godna Braham Toli, P.S. - Revilganj, Distt.- Saran (Chapra) 2.

Gayatri Devi Wife Of Tarkeshwar Mahto Resident Of Village - Godna Braham Toli, P.S. - Revilganj, Distt.- Saran (Chapra) 3.

Manisha Kumari D/O Rameshwar Mahto Resident Of Village - Godna Braham Toli, P.S. - Revilganj, Distt.- Saran (Chapra) 4.

Muskan Kumari D/O Rameshwar Mahto Resident Of Village - Godna Braham Toli, P.S. - Revilganj, Distt.- Saran (Chapra) 5.

Soni Devi Wife Of Rameshwar Mahto Resident Of Village - Godna Braham Toli, P.S. - Revilganj, Distt.- Saran (Chapra) ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sachida Nand Rai, Advocate For the Opposite Party :

Mr.Md. Nazir Ansari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and the State.

2. The petitioners apprehend arrest in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including these petitioners kidnapped informant's daughter.

4. Learned counsel appearing for the petitioners submits that though there is allegation of kidnapping against the petitioners, but the girl in her 164 Cr.P.C. statement has not made any allegation against them, rather she has admitted that she was in love with one Subhash Mahto (son of Sarhu of petitioner no.1) and on her own sweet will, she had left her

Patna High Court CR. MISC. No.38748 of 2023(3) dt.13-12-2023 2/2 parent's house. Petitioners claims clean antecedent.

5. Considering the aforesaid facts of the case, provisional bail allowed to these petitioners under order dated 3.8.2023, in Revilganj Police Station Case No. 48 of 2023 pending in the Court of Judicial Magistrate 1st class, Saran at Chapra, is hereby confirmed.

Shashi (Prabhat Kumar Singh, J) U T