Jailal Mahto @ Jiya Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47139 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

JAILAL MAHTO @ JIYA LAL MAHTO, aged about 65 years, Male, Son of Bengali Mahto, Resident of Village - Kawalpur Dih Tola, P.S.- Turkauliya, District - East Champaran 2.

Shripati Devi, aged about 60 years, Female, Wife of Jailal Mahto, Resident of Village - Kawalpur Dih Tola, P.S.- Turkauliya, District - East Champaran 3.

Nagendra Mahto, aged about 40 years, Male, Son of Jailal Mahto, Resident of Village - Kawalpur Dih Tola, P.S.- Turkauliya, District - East Champaran 4.

Jitendar Mahto, aged about 37 years, Male, Son of Jailal Mahto, Resident of Village - Kawalpur Dih Tola, P.S.- Turkauliya, District - East Champaran 5.

Surendar Mahto, aged about 34 years, Male, Son of Jailal Mahto, Resident of Village - Kawalpur Dih Tola, P.S.- Turkauliya, District - East Champaran ... Petitioners

Versus

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

For the Petitioners :

Mr. Anil Kumar, Adv.

For the Opposite Party :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Turkauliya P.S. Case No. 79 of 2019 for the offences alleged under Sections 363 and 366A of the Indian Penal Code. The accusation is of kidnapping the daughter of the informant by Dhirendra Kumar Mahto with the help of his family members for the purpose of marriage.

The submission of the learned counsel for the petitioners is that all the petitioners are father, mother and

Patna High Court CR. MISC. No.47139 of 2019(2) dt.30-07-2019 2/2 brothers of co-accused, Dhirendra Kumar Mahto, who moved with the daughter of the informant due to love affairs without the knowledge of the petitioners, but, with ulterior motive, the informant has implicated the petitioners being the family members of Dhirendra Kumar Mahto.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Turkauliya P.S. Case No. 79 of 2019 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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