Dhananjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45604 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -BARAULI District- GOPALGANJ ====================================================== Dhananjay Mahto, Son of Late Ramsakal Mahto, Resident of Village-Kahla Hazari Tola, P.S. Barauli, District-Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Anisur Rahman, Advocate. For the Opposite Party : Mr. Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 363 and 366(A)/34 of the IPC.

The prosecution story, in brief, is that the petitioner alongwith co-accused persons kidnapped the minor daughter of the informant.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The victim girl has been examined

Patna High Court Cr.Misc. No.45604 of 2017 (2) dt.03-10-2017 2/2 under Section 164 Cr. P.C. She has not supported the allegation made in the F.I.R. Other co-accused persons have been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 10050 of 2017 dated 21.04.2017.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gopalganj, in connection with Barauli P.S. Case No. 213/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T