Shatrughan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1507 of 2016 Arising Out of PS.Case No. -125 Year- 2015 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Shatrughan Mahto S/o Laxman Mahto R/o Vill- Harpur Ailoth, P.S.- Musarigharari, Distt Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 363 and 365/34 of the Indian Penal Code.

The prosecution case is that the informant went to ease out on 12.7.2015 at 7.30 P.M. when co accused Amarjeet Mahto pulled her by catching her hand and gagged her, thereafter 4-5 persons accompanied Amarjeet including the petitioner, abducted her through a vehicle. Subsequently, the informant went to Delhi in company of Amarjeet and lastly, Ashok Mahto left the informant at Samastipur railway station.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.1507 of 2016 (2) dt.12-01-2016 2/2 petitioner that in fact the informant was in love with Amarjeet but the informant discovered this fact that the Amarjeet is already married, hence he released the informant. The specific overt act has not been levelled against the petitioner. More over, the victim talked to her parents on 13.7.2015 but the parents took no initiative to lodge the case and on return of the victim the FIR was lodged on 18.7.2015 after six days of abduction. The aforesaid unreasonableness of accusation and inconsistency in the statement of the victim coupled with the fact that thrust of accusation is against Amarjeet and Ashok, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Sarairanjan P.S. Case No. 125 of 2015 pending in the court of learned JM Ist Class, Samastipur. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T