Ram Prasad Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45018 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- KALUAHI District- Madhubani ====================================================== 1.

RAM PRASAD MAHTO Son of Late Ravi Mahto Resident of VillageInarva, P.S.- Khajuli, District- Madhubani. 2.

Rekha Devi Wife of Ram Prasad Mahto Resident of Village- Inarva, P.S.- Khajuli, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Kaluahi P.S. Case No. 11 of 2019 registered for the offences punishable under Sections 363, 366, 366A and 34 of the Indian Penal Code.

As per FIR petitioners and other accused persons are said to have kidnapped daughter of the informant by lifting her in a car.

Submission of learned counsel for the petitioners is that as a matter of fact the victim girl has love affair with the son of the petitioners as such they have falsely been implicated, which will appear from paragraphs 8 and 9 of the case diary also.

Heard learned APP, who has opposed the prayer for

Patna High Court CR. MISC. No.45018 of 2019(3) dt.21-10-2019 2/2 anticipatory bail on the ground that some of the witnesses have supported the prosecution case. However, he conceded to the fact that independent witnesses have not supported the prosecution case and they have stated that there was love affair between son of the petitioners and the victim girl and they fled away.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Madhubani, in connection with Kaluahi P.S. Case No. 11 of 2019 (CRI Case No. 131 of 2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that petitioners have to co-operate with the police in tracing out the victim girl. (Vinod Kumar Sinha, J) spal/- U T