Shiv Balak Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35364 of 2018 Arising Out of PS. Case No.-82 Year-2017 Thana- BARURAJ District- Muzaffarpur ====================================================== Shiv Balak Mahto Son of late Raja Mahto Resident of Village- Baruraj Karwala, P.S. Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioners seek bail in Baruraj P. S. Case No. 87 of 2017 instituted for the offence under Section(s) 366A and 372/34 of the Indian Penal Code.

It is alleged in the written report that minor daughter of the informant has been kidnapped by this petitioner and other accused persons.

Case diary has been received wherein the witnesses have supported the case in paragraph nos. 6,7 and 8 of the case diary. From perusal of the case diary, it appears that victim girl is still traceless.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.35364 of 2018(6) dt.05-10-2018 2/2 daughter of the informant and Shatrughan Mahto were in love affair and they have fled away to some unknown place. Learned APP for the State has submitted that no any substantive evidence has come during investigation in the case diary that victim has fled away with Shatrughan Mahto. In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

(Sanjay Priya, J) shyambihari/- U T