Ram Achal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36345 of 2015 Arising Out of PS.Case No. -45 Year- 2015 Thana -DUMRA District- SITAMARHI ======================================================

1. Ram Achal Mahto, Son of Raman Mahto, Resident of Village- Rikhauli, P.S.- Dumra, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Narsingh Tanti(App) For the Informant : Mr. Ashar Mustafa, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-11-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioner apprehends his arrest in a case under Section 363, 364(A) of the Indian Penal Code. The informant alleged that Rampari Devi and Sumitra Devi came to his house and took his grand daughter out of his house on the pretext of Shivratri. During the course of search the informant came to know that Pawan took his grand daughter and handed over to Ajit.

It is submitted that the petitioner is not named in the FIR. The Allegation against the petitioner is that he helped his son in kidnapping the victim and taking her to Muzaffarpur but nobody has seen the petitioner helping his son or taking his son

Patna High Court Cr.Misc. No.36345 of 2015 (3) dt.03-11-2015 2/2 with victim to Muzaffarpur.

Mr. Ashar Mustafa, the learned counsel for the informant, and the learned Additional Public Prosecutor submitted that witnesses in paragraph 12 and other paragraphs have stated that petitioner helped his son.

It appears that, of course, the witnesses named the petitioner stating that he helped his son but nobody has seen the petitioner along with victim or his son.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate, Sitamarhi in Dumra P.S. Case No. 45 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T