Pramod Mahato @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45284 of 2023 Arising Out of PS. Case No.-55 Year-2021 Thana- NAUTAN District- Siwan ====================================================== PRAMOD MAHATO @ PRAMOD KUMAR Son of Arjun Mahto Resident of Village - Pachlakhi More, P.S.- Nautan, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 366(A), 34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with other co-accused persons kidnapped minor daughter of the informant along with cash and some gold ornaments.

4. It is submitted that no occurrence as alleged has ever been took place . It is further submitted that the co-accused Arjun Mahto and Sonu Yadav have been acquitted vide Judgment dated 17.05.2022 by learned Additional District and Sessions Judge - 4th , Siwan vide Sessions Trial No. 275 of 2021 . Reg No. 275 of 2021 arising out of Nautan P.S. Case No . 55 of

Patna High Court CR. MISC. No.45284 of 2023(3) dt.29-08-2023 2/2 2022 where the victim Babita Kumari denied the prosecution case and deposed that she was never kidnapped by anyone . In fact on the alleged date of occurrence she had gone to her maternal uncle's house .

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the deposition of the victim and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 Judicial Magistrate , 1st Class, Siwan in connection with Nautan P.S. case no. 55 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T