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Patna High CourtCR. MISC./35741/2019bail granted

Vijay Mahto v. The State Of Bihar

2019-08-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35741 of 2019 Arising Out of PS. Case No.-222 Year-2018 Thana- SIKANDRA District- Jamui ====================================================== Vijay Mahto Son of Lachho Mahto Resident of Village - Surari, P.S. - Halsi, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Sikandra P.S. Case No. 222 of 2018 registered for the offence punishable under Sections 363 and 364 of the Indian Penal Code.

As per allegation in the FIR, the son of the petitioner was kidnapped by two persons who came on the motorcycle, which led to lodging of the FIR. During the course of investigation, the name of the petitioner transpired on the confessional statement of co-accused.

It is submitted by learned counsel for the petitioner that the name of the petitioner transpired on confession of coaccused Nitu Kumari, who has herself been enlarged on bail

Patna High Court CR. MISC. No.35741 of 2019(3) dt.28-08-2019 2/2 vide order dated 16.05.2019 passed in Cri. Misc. No. 32239 of 2019. The petitioner has not been put on T.I.P. and is in custody since 04.10.2018.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that petitioner is in custody since 04.10.2018 and co-accused Nitu Kumari has been enlarged on bail, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui in connection with Sikandra P.S. Case No. 222 of 2018. (Partha Sarthy, J) sushma/- U T