Patna High CourtCR. MISC./54252/2019bail granted

Ramnath Mahto v. The State Of Bihar

2019-08-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54252 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- BISFI District- Madhubani ====================================================== RAMNATH MAHTO Son of Late Sitaram Mahto Resident of Village - Noorchak, Koriyani, P.O.- Noorchak, P.S.- Bisfi, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 363 of the Indian Penal Code. The prosecution allegation in short is that the minor girl of the informant left the house for cutting grass but later did not return.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.3.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not

Patna High Court CR. MISC. No.54252 of 2019(2) dt.30-08-2019 2/2 levelled any allegation of sexual or physical abuse against the petitioner. The petitioner is said to have been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Benipatti, Madhubani in connection with Bisfi P.S. Case No. 46/2019, G.R. No. 131/2019.

(Sudhir Singh, J) Pankaj/- U T