Patna High CourtCR. MISC./25714/2017bail granted

Rajendra Mahto And ORS v. The State Of Bihar

2017-07-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25714 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -DUMRA District- SITAMARHI ======================================================

1. Rajendra Mahto Son of Ram Brikch Mahto

2. Sukhdeo Mahto Son of Ram Brikch Mahto

3. Rambali Mahto Son of Vasdeo Mahto All residents of Village - Berwas, P.S. - Dumra, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State of Bihar.

This application, for grant of anticipatory bail, arises out of Dumra Police Station Case No. 73 of 2017, disclosing offences under Sections 363/366A/34 of the Indian Penal Code.

Learned Counsel appearing on behalf of the petitioners has drawn my attention to the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973, to contend that no case against these petitioners is made out, as alleged in the First Information Report.

Patna High Court Cr.Misc. No.25714 of 2017 (3) dt.10-07-2017 2/2 Considering the above submission, this application is allowed.

Let the petitioners, namely, Rajendra Mahto, Suskhdeo Mahto and Rambali Mahto, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra Police Station Case No. 73 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √