Rahul Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32778 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Rahul Kumar Mahto Son of Munchun Mahto, Resident of Village - Gohila Maricha (Dharampur Bande Hat), Police Station - Tajpur (Chaklal Sahi O.P.), District - Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 363 and 366A of the Indian Penal Code. Allegation is that the accused persons including the petitioner kidnapped the daughter of the informant for illegal purpose.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The occurrence is said to have taken place on 8.12.2015, whereas the F.I.R. was instituted on 2.1.2016. Delay has not been explained by the prosecution. The victim girl has been examined under Section

Patna High Court Cr.Misc. No.32778 of 2016 (2) dt.09-12-2016 2/2 164 Cr.P.C. She has not supported the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. case No.4 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T