Mukesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52330 of 2017 Arising Out of PS.Case No. -116 Year- 2017 Thana -PATORI District- SAMASTIPUR ====================================================== Mukesh Kumar Mahto S/o Maheshwar Mahto, Resident of VillageChandpura, P.S.-Patori, District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suneil Kumar Thakur For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Patori P.S. Case No. 116 of 2017 for the offences punishable under sections 363 and 366A/34of the I.P.C.

Allegedly, the petitioner and other FIR named accused persons kidnapped the minor daughter of the informant with an intention to marry with her.

Submission is of false implication and that the victim girl has given her statement under section 164 of the Cr.P.C. wherein she has stated her age 19 years and she has stated that she was having love affair with the petitioner and she was not

Patna High Court Cr.Misc. No.52330 of 2017 (2) dt.09-11-2017 2/2 kidnapped, she has been released in favour of the petitioner and she is living with the petitioner. Considering all these things compromise petition has also been filed, vide Annexure-2 and now there is no dispute between the parties and as such the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that the matter has been compromised and the victim has not supported the allegation. In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall 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 C.J.M, Samastipur in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T