Sunil Kumar Mahto @ Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49405 of 2023 Arising Out of PS. Case No.-776 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

SUNIL KUMAR MAHTO @ SUNIL MAHTO SON OF RAM CHANDRA MAHTO RESIDENT OF VILLAGE- KESHAWE, UTTARBARI TOLA, NEAR MAHABIR ASTHAN, PS- BARAUNI (ULLAO), DISTBEGUSARAI 2.

MANISH KUMAR @ MANISH MAHTO SON OF RAM CHANDRA MAHTO RESIDENT OF VILLAGE- KESHAWE, UTTARBARI TOLA, NEAR MAHABIR ASTHAN, PS- BARAUNI (ULLAO), DISTBEGUSARAI 3.

FUDO DEVI @ FULO DEVI WIFE OF RAM CHANDRA MAHTO RESIDENT OF VILLAGE- KESHAWE, UTTARBARI TOLA, NEAR MAHABIR ASTHAN, PS- BARAUNI (ULLAO), DIST- BEGUSARAI 4.

MANJU DEVI DAUGHTER OF RAM CHANDRA MAHTO RESIDENT OF VILLAGE- ASHOUR MISHRA TOLA, PS- CHANDPURA, DISTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Jha, Adv.

For the Opposite Party/s :

Ms.Asha Devi, APP.

Mr. Mukesh Kumar, Adv.

Mr. Bijay Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2023 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366A, 34 of the Indian Penal Code.

3. Allegation against the petitioners is that they along with other co-accused persons kidnapped the minor daughter of the informant with an intention to solemnize her marriage with one

Patna High Court CR. MISC. No.49405 of 2023(3) dt.13-09-2023 2/3 Ranjit Kumar.

3. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are family members of the co-accused Ranjeet Kumar. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the statement of the victim has been recorded under Section 164 of the Cr.P.C. in which she has not supported the prosecution case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant oppose the prayer for bail.

6. Considering the statement of the victim recorded under Section 164 of the Cr.P.C, 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Lakhisarai P.S.

Patna High Court CR. MISC. No.49405 of 2023(3) dt.13-09-2023 3/3 Case No. 776 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T