Amar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40942 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Amar Mahto, Son of Shree Sonu Mahto @ Sannu Saw, resident of Village- Batounha, Police Station- Jainagar, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh,Advocate For the Opposite Party/s : Mr.Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Jaynagar P.S.Case No. 21 of 2018, corresponding to CRI. No. 66 of 2018 registered for offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

As per FIR allegation against the petitioner is of kidnapping the daughter of the informant.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the daughter of the informant has filed an affidavit before Notary Public that she had already married with the petitioner and as such statement of the victim girl recorded under Section 164 Cr.P.C., which shows the name of the petitioner is of no value as the girl is the consenting party and without any cogent reason, the petitioner

Patna High Court Cr.Misc. No.40942 of 2018 (3) dt.24-09-2018 2/2 is in custody since 09.03.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Jaynagar P.S.Case No. 21 of 2018 subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T