Santosh Mahto @ Santosh Kumar Mahto And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.6588 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6588 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -NAYAGAON District- SARAN ======================================================

1. Santosh Mahto @ Santosh Kumar Mahto Son of Mural Mahto

2. Mural Mahta, Son of Late Vijali Mahto, Both residents of village - Hasanpur, P.S. - Naya Gaon, District - Saran. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners seek bail in connection with Nayagaon P.S. Case No. 56 of 2015 registered for the offence punishable under Section 366A of the Indian Penal Code.

Allegedly, the victim Rupa Kumari, the minor sister of the informant, was kidnapped by co-accused Vishal Mahto. During investigation the victim girl was released and her statement has been recorded under Section 164 Cr.P.C. wherein she has stated the name of the petitioners also that they were also with coaccused Vishal and she has not stated regarding any sexual harassment.

Submission is of false implication and that the victim was in love with Vishal and the petitioners have been implicated with

Patna High Court Cr.Misc. No.6588 of 2016 (2) dt.25-02-2016 oblique motive and without any fault the petitioners are suffering in custody since 05.01.2016 after their surrender and as such they deserve sympathetic consideration as main accused has already allowed bail under Section 167 (ii) of the Cr.P.C. In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds 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 6, Saran at Chapra in connection with Nayagaon P.S. Case No. 56 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T