Nandu Mahto @ Nand Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54963 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Nandu Mahto @ Nand Mahto S/O Late Hira Mahto R/o vill - Chowk bazar mehsi, P.S. - Mehsi, Distt. - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramdev Pandit Son of late Dhandhari Pandit R/O Vil.- Bhalu Bhahiya, P.s.- Adapur, Dist.- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 10-07-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 363, 366A read with Section 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the allegation leveled by the informant was that his daughter has gone to the Bazaar and in the meantime, all FIR named accused persons, including the petitioner have kidnapped the daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and a false case of kidnapping was

Patna High Court CR. MISC. No.54963 of 2024(11) dt.10-07-2025 2/3 filed against the petitioner and in fact that the petitioner's son namely, Chandan Kumar and the informant's daughter were in love affair and the petitioner as well the said Chandan Kumar have falsely been implicated, as he was not happy with the relationship.

It is next submitted that the submissions are being corroborated by the counter-affidavit filed on behalf of the State, and in Para-7, it has been specifically mentioned that when the police conducted a raid to arrest the accused Chandan Kumar, they could meet the sister of Chandan Kumar and they called on the mobile number of accused Chandan Kumar, but the same was picked-up by the victim, Priti Kumari and she had herself informed that she was never kidnapped and she had got married to Co-accused Chandan Kumar and had informed that she will be coming to Motihari in a week. The learned counsel has thus summarized that in view of counter-affidavit and the averments made by the State, the allegation against the petitioner has turned out to be false and fabricated.

It has lastly been submitted that the petitioner has no criminal antecedent and has served almost five months in custody.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner was instrumental in allowing his son to elope with the victim girl.

Patna High Court CR. MISC. No.54963 of 2024(11) dt.10-07-2025 3/3

6. Considering the aforesaid submissions of the parties and taking into account the fact that the counter-affidavit has been filed by the State, as such, the provisional bail of the petitioner is hereby confirmed.

(Sourendra Pandey, J) Sudhanshu/- U T