Sanjay Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36227 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -BUXAR MUFFSIL District- BUXAR ======================================================
1. Sanjay Mahto Son of Sipahi Mahto
2. Ritu Devi @ Sunita Devi wife of Sanjay Mahto Both are resident of village- Lalganj P.S. Buxar (M) District Buxar.
3. Rahul Kumar @ Rahul Mahto son of Ram Dayal Singh resident of village- Kazipur, P.S. Naya Bhojpur District Buxar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioners : Mr. Sanjay Kumar, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 363, 366(A) of the Indian Penal Code registered in connection with Buxar (M) P.S. Case No. 149 of 2016.
3. It is submitted that the petitioners have been falsely implicated as evident from the deposition of the informant's daughter recorded under Section 164 Cr. P.C. wherein she has clearly stated that she had voluntarily gone to Ahmedabad with Narvedeshwar Mahto and solemnized marriage with him. She has stated her age to be 19 years. Petitioners are the parents and maternal uncle of the said Narvedeshwar Mahto. Petitioners claim clean antecedents.
4. Having regard to the entirety of the facts and circumstances, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten
Patna High Court Cr.Misc. No.36227 of 2016 (2) dt.08-09-2016 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 149 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions__ (i) That one of the bailors of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioners will be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/Chandran U T