Patna High CourtCR. MISC./51951/2025partly allowed disposal

Nanak Mahto @ Nanahak Mahto v. The State Of Bihar

2026-02-20Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51951 of 2025 Arising Out of PS. Case No.-393 Year-2022 Thana- BANIAPUR District- Saran ====================================================== 1.

Nanak Mahto @ Nanahak Mahto S/o Shambhu Mahto R/o Village- Karah Birti Tola, PS- Baniyapur, District- Saran 2.

Shambhu Mahto S/o Late Nemdhari Mahto R/o Village- Karah Birti Tola, PS- Baniyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv For the Opposite Party/s :

Mr. Shyam Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Baniyapur P.S.Case No. 393 of 2022 registered for the offence under sections 363, 366(A) of the Indian Penal Code.

3. The petitioners are accused of kidnapping of the victim girl.

4. It has been argued by the learned counsel for the petitioners that the victim girl has eloped with the petitioner no. 1 and the petitioner no. 2 , the father of the petitioner no. 1 has

Patna High Court CR. MISC. No.51951 of 2025(3) dt.20-02-2026 2/3 no role in the alleged elopement. He further submits that the girl is yet to be recovered.

5. In these circumstances, the prayer for anticipatory bail of the petitioner no.1 is dismissed.

6. So far as the petitioner no. 2 is concerned, there is no direct allegation against the petitioner no. 2. His prayer for anticipatory bail is allowed.

7. Learned counsel for the State has opposed the bail application of the petitioner.

8. Let the petitioner nos. 2, father of the petitioner above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, 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 the learned Chief Judicial Magistrate, Saran at Chapra/concerned court below in connection with Baniyapur P.S.Case No.393 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/ Section 482 of the BNSS.

9. The Superintendent of Police, Saran is directed to take all steps for the recovery of the victim. The petitioner no. 1 is directed to surrender within four weeks from

Patna High Court CR. MISC. No.51951 of 2025(3) dt.20-02-2026 3/3 today and prays for regular bail.

(Sandeep Kumar, J) N.K/- U T