Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27017 of 2016 Arising Out of PS.Case No. -106 Year- 2015 Thana -BARARI District- KATIHAR ====================================================== Manoj Mahto, son of Late Basant Mahto, Resident of Village Milik Tola, P.S. Kursela, Dist. Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Adv. Mr. Birendra Kumar, Adv.

For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Barari P.S. Case No. 106 of 2015 registered for offences under sections 341, 323, 366(A), 504/34 of the Indian Penal Code.

One Upendra Mahto lodged First Information Report stating that the petitioner allured his daughter, namely, Sajni Kumari and took her away with a motive to marry with her. It has further been alleged one the same day, the petitioner brought his daughter to the house of one Chamak Lal Mahto. When he went to the house of Chamak Lal Mahto, he started abusing him and Chamal Kal Mahto and associates assaulted him by different

Patna High Court Cr.Misc. No.27017 of 2016 (2) dt.14-07-2016 weapons. In the meantime, Vijo Devi came there and saved him. An allegation has been made against the male members of the family. A complaint was lodged being Complaint No. 1433 of 2015 and the same was referred to the police under Section 156(3) of the Cr.P.C. for investigation and the police submitted chargesheet against the petitioner. Learned counsel for the petitioner has submitted that though there is a statement under Section 164 of the Cr.P.C. against him but the story that has been narrated in the complaint makes it very suspicious on account of the fact that the victim herself filed a Complaint Case No. 1529 of 2015 wherein she has stated that her father was intending to get her marriage with an adult person of 55 years of age on getting an amount of Rs. 50,000/-.

In fact, an allegation has been made that her father had sold her in a consideration amount, as stated above, and requested for taking cognizance of the act of her father. In paragraph no.16 of this application, learned counsel for the petitioner has stated that she was rescued but, later on the victim girl has again been sold by her father to a person of Uttar Pradesh. The petitioner is languishing in judicial custody since 28.6.2015.

Patna High Court Cr.Misc. No.27017 of 2016 (2) dt.14-07-2016 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge, 1st, Katihar in connection with Barari P.S. Case No. 106 of 2015 (G.R. No. 1691 of 2015), subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Rishi/- U T