Sanjay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41555 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Sanjay Kumar Mahto Son Of Naresh Mahto Resident Of Village- Malpatti, Ps- Kamtaul, Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of kidnapping the daughter of the informant, when she was alone in her house. It is further alleged that the co-accused will sale her daughter or co-accused Ganesh Dhankar forcibly marry with her.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she

Patna High Court CR. MISC. No.41555 of 2023(3) dt.19-07-2023 2/2 whispered about the complicity of co-accused Ganesh Dhankar, who forcibly taken away her to Samastipur and filled vermillion (sindoor) in her forehead. She further stated that the co-accused Ganesh Dhankar, kept her in a room. She stated that this petitioner along with other were only seat inside the car. There is no specific overt act against this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 13.05.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court concerned in connection with Kamtaul P.S. Case No. 22 of 2023.

(Sunil Kumar Panwar, J) arish/- U T