Subhash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54617 of 2019 Arising Out of PS. Case No.-115 Year-2017 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== SUBHASH MAHTO Son of Ram Kishun Mahto Resident of Village- Kanhar, P.S.- G.B. Nagar, District- Siwan.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party :

Mr.Upendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 363,366,34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that the petitioner is only a friend of Mithilesh Ram with whom the kidnapped daughter of the informant was to be married after her kidnapping. He submits that the girl has already been married. Petitioner is in custody since 6.3.2019. Petitioner has got no criminal antecedent. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the

Patna High Court CR. MISC. No.54617 of 2019(3) dt.25-10-2019 2/2 evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in GB Nagar Police Station Case No. 115 of 2017 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T