Jitendra Kumar Mahato @ Jitendra Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39624 of 2019 Arising Out of PS. Case No.-275 Year-2018 Thana- KADWA District- Katihar ====================================================== JITENDRA KUMAR MAHATO @ JITENDRA MAHATO S/o Shankar Mahto R/o village- Nungara, P.S.- Kadwa, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Kadwa P.S. Case No. 275/2018, instituted for offence under Section(s) 363 and 365 of the Indian Penal Code.

It is alleged in the written report that petitioner is neighbour of informant. He always used to follow the daughter of informant. The informant raised objection then petitioner gave threat to kidnap his daughter. It is alleged that on 01.08.2018, petitioner along with other accused persons kidnapped the daughter of informant.

Learned counsel for informant has submitted that victim has taken name of this petitioner in her statement recorded under Section 164 Cr.P.C.

Learned counsel for petitioner has submitted that

Patna High Court CR. MISC. No.39624 of 2019(4) dt.27-08-2019 2/3 Victim has been medically examined. Doctor has found no injury on the private part of victim. It is further submitted that petitioner has been made accused due to enmity and grudge. Victim has not been recovered from possession of petitioner. She was found roaming on the road.

Petitioner is in custody since 03.08.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned 1st Addl. Sessions Judge-cum-Special Judge, Katihar, in connection with Kadwa P.S. Case No. 275/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence

Patna High Court CR. MISC. No.39624 of 2019(4) dt.27-08-2019 3/3 in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T