← Library
Patna High CourtCR. MISC./44792/2019bail granted

Dhanesh Mahto @ Dhanesh Mahato v. The State Of Bihar

2019-07-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44792 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- SIKTA District- West Champaran ====================================================== 1.

Dhanesh Mahto @ Dhanesh Mahato, Son of Late Kunkun Mahto Resident of Village - Behra, P.S.- Sikta, District- West Champaran 2.

Dinesh Mahto Son of Ganesh Mahto Resident of Village - Behra, P.S.- Sikta, District- West Champaran 3.

Pramod Mahto Son of Dhanesh Mahto Resident of Village - Behra, P.S.- Sikta, District- West Champaran 4.

Umod Mahto @ Amod Son of Dhanesh Mahto Resident of Village - Behra, P.S.- Sikta, District- West Champaran 5.

Birju Mahto Son of Dhanesh Mahto Resident of Village - Behra, P.S.- Sikta, District- West Champaran 6.

Jagdish Mahto Son of Sitaram Mahto Resident of Village - Behra, P.S.- Sikta, District- West Champaran 7.

Arjun Mahto Son of Dhanesh Mahto Resident of Village - Behra, P.S.- Sikta, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2019 Heard learned counsel appearing on behalf of petitioners, Learned counsel appearing on behalf of informant and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sikta P.S. Case no. 19 of 2019, registered under Sections 147, 148, 149, 341, 448, 366A, 323, 380 and 427 of the Indian Penal Code.

The accusation is of enticing away the minor daughter of the informant by petitioner No.7 Arjun Mahto

Patna High Court CR. MISC. No.44792 of 2019(2) dt.22-07-2019 2/2 along with other petitioners named in the F.I.R. for the purpose of marriage.

Learned counsel for the petitioner submits that, in fact, daughter of the informant, who is major left her house with the petitioner No.7 Arjun Mahto according to her sweet will and went to Ludhiana, where both performed marriage in a temple, she has given the said statement in her statement recorded under Section 164 of the Cr.P.C. Further submission is that in the medical examination, the age of the victim has been assessed in between 18 to 19 years. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sikta P.S. Case No. 19 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T