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Patna High CourtCR. MISC./42554/2022allowed

Indal Mahto @ Indal Mehta v. The State Of Bihar

2022-11-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42554 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

INDAL MAHTO @ INDAL MEHTA Son of Baban Mahto Resident of village- Parchha, P.S- Chutia, Dist- Rohtas.

2.

Prakash Mahto @ Prakash Kumar Mehta Son of Baban Mahto Resident of village- Parchha, P.S- Chutia, Dist- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard both sides.

Petitioners apprehend their arrest in connection with Bhabua P.S. Case No.66 of 2022, registered for the offence punishable under Section 366(A) of the Indian Penal Code. Learned counsel for the petitioners undertakes to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are said to have kidnapped the daughter of the informant for the purpose of marriage. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.42554 of 2022(2) dt.29-11-2022 2/2 application. It is further submitted that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case and claimed to have eloped with petitioner no.1 at her own volition and married with petitioner no.1 before Marriage Registrar, Dehri. Considering the fact that the victim has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C., let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No.66 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T