Lallan Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26777 of 2016 Arising Out of PS.Case No. -482 Year- 2015 Thana -SONEPUR District- SARAN ======================================================
1. Lallan Mahto, Son of Late Jugeshwar Mahto
2. Bhago Devi, Wife of Late Lallan Mahto, Both are resident of Village - Shikarpur Naya Tola, P.S. Sonepur, District - Saran at Chhapra .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Ms. Bela Singh, Advocate. For the Opposite Party/s : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both sides.
The petitioners, namely, Lallan Mahto and Bhago Devi, apprehend their arrest in Sonepur P.S. Case No. 482/2015 registered under Sections 372, 366, 367, 323/34 of the Indian Penal Code.
The informant filed a complaint case on the basis of which the present FIR is lodged. The informant alleged that his daughter had gone to attend the call of nature in a nearby field situated by the side of the house of the petitioners but she did not return. On enquiry, it transpired that the petitioners were not present in the house and the informant suspected that the petitioners might have kidnapped his daughter for immoral acts. It is submitted that there is no evidence in the entire case diary. It
Patna High Court Cr.Misc. No.26777 of 2016 (3) dt.01-09-2016 2/2 has come that the daughter of the informant was mentally retarded and of dull mind. She left her house and went somewhere else. Learned A.P.P. did not dispute this fact.
Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Saran at Chapra in Sonepur P.S. Case No. 482/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T