Janak Mahto @ Janak Mahot v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54886 of 2021 Arising Out of PS. Case No.-462 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Janak Mahto @ Janak Mahot Son Of Late Sharvan Mahto R/O VillageAmaitha Tola Mangosar, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Saraiya P.S. Case No. 462 of 2021, registered for the offence under Section 363, 365, 34 of the Indian Penal Code.

As per the prosecution case, 4-5 unknown persons came on a 4-wheeler and kidnapped the minor daughter of the informant. It is further alleged that on enquiry, the informant came to know that F.I.R. named four persons have kidnapped his daughter with intention to kill her.

It is submitted on behalf of petitioner that petitioner is 74 years old man and has been made accused, since he is relative of other co-accused persons. Though, the informant claims to be eye-witness to the occurrence, but F.I.R. has been

Patna High Court CR. MISC. No.54886 of 2021(4) dt.07-02-2022 2/2 lodged after four days of the occurrence. In fact, the daughter of the informant left her house with her own will and has solemnised marriage with co-accused Mantosh Kumar. In support of the same, an affidavit stating that both have married out of their own will has been annexed as Annexure-A to the supplementary affidavit. Petitioner is in custody since 05.07.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IV (West), Muzaffarpur in connection with G.R. No. 2107 of 2021, arising out of Saraiya P.S. Case No. 462 of 2021.

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