Shiv Poojan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60229 of 2025 Arising Out of PS. Case No.-360 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Shiv Poojan Mahto Son of Hiralal Mahto Resident of Village - Bhahma, Ward No.- 10, P.S.- Pupri, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Lalchunni Devi Wife of Bodhnarayan Mahto Resident of Village and P.O.- Bangaon, P.S.- Bajpatti, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bajpatti P.S. Case No. 360 of 2024 dated 30.12.2024 registered for the offences punishable u/ss 137(2), 87 and 303(2) of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant and took Rs. 95,000/- in cash, 20 gm. gold and 1.50 Kg. Silver from her house.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case merely on suspicion. It is further submitted that the victim has been

Patna High Court CR. MISC. No.60229 of 2025(2) dt.09-09-2025 2/2 recovered and her statement was recorded u/s 183 of the B.N.S.S. in which there is no allegation of physical assault against the petitioner. It is further submitted that there is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 08.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Bajpatti P.S. Case No. 360 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T