Mahadev Mahto @ Mahadev Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55026 of 2019 Arising Out of PS. Case No.-424 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== 1.

MAHADEV MAHTO @ MAHADEV MAHTON Son of Late Fakira Mahto 2.

Dablu Kumar @ Dablu Mahto @ Dablu Mahton Son of Mahadev Mahton both R/o - Bajalpura, P.S.- Teghra, Dist.- Begusarai 3.

Dablu Mahto @ Dablu Mahton Son of Prakash Mahton R/o - Ulau Ward No.-3, P.S.- Muffasil (Singhaul), Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 The petitioners apprehend their arrest in connection with Teghra P. S. Case No. 424 of 2018 registered under Sections 120B and 366A/34 of the Indian Penal Code.

Allegation against the petitioners is that petitioners abducted the minor daughter of the informant namely Jyoti Kumari with other accused persons for illegal purpose. Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case inasmuch as victim girl has been recovered and relying upon Annexure-2, which is statement of victim girl, recorded under Section 164 Cr.P.C., learned counsel submits that the victim girl, in her statement, has categorically stated that she, on her free will, had left her home due to the fact that she was scolded by

Patna High Court CR. MISC. No.55026 of 2019(3) dt.03-09-2019 2/2 her mother and went to Teghra Railway Station where she met with Dablu Mahto i.e., petitioner no. 3, and along with him, she went to Assam and stayed there for some days and she has not stated anything against these petitioners.

After having heard learned counsel for the parties and taking into consideration the fact that the victim girl has not stated anything against the petitioners and she had left her house on her free will, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Teghra P.S.Case No. 424 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T