Bullet Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25471 of 2018 Arising Out of PS.Case No. -298 Year- 2017 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Bullet Mahato S/o Babuchand Mahto, R/o Vill.- Kolhuan, P.S.- Manjhargarh, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Manjhagarh P.S.Case No.298 of 2017 , registered for offences punishable under Sections 366, 366A/34 of the Indian Penal Code. Allegation against the petitioner is that he in connivance with the others has kidnapped the minor daughter of the informant and there is allegation against the petitioner that he along with Sanjeet Mahto and Satyendra Mahto has taken her on a motorcycle.

Submission of the learned counsel for the petitioner is that FIR itself shows that the motorcycle was given by Sanjeet Mahto and Sanjeet Mahto and the daughter of the informant were in talking term and the daughter of the informant has been recovered and she has not disclosed name of the petitioner and she has disclosed name of the other accused persons and Sanjeet Mahto

Patna High Court Cr.Misc. No.25471 of 2018 (3) dt.29-06-2018 2/2 has been granted privilege of the anticipatory bail by the learned court below itself.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in surrender before the court below within a period of six weeks from the date of receipt of the order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Manjhagarh P.S.Cae No.298 of 2017 dated 30.12.2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T