Bipin Mehto @ Bipin Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72720 of 2024 Arising Out of PS. Case No.-328 Year-2024 Thana- KOTWALI District- Patna ====================================================== 1.

Bipin Mehto @ Bipin Mahto Son of Ram Briksh Mahto Resident of Village - Sitamarhi Sirsiya Bazar, Ward No. 8, P.S. - Bela, District - Sitamarhi 2.

Ashok Saw Son of Mala Saw @ Mala Sah R/O Vill.- Hazaribagh Tandwa, P.S.- Koradih, Dist.- Hazaribagh, Jharkhand.

... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyamal Prakash, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Kotwali P.S. Case No.328 of 2024 instituted under Sections 363, 365, 369, and 34 of the Indian Penal Code.

3. As per the prosecution case, on 23.05.2024 at about 10:00 P.M. the informant came to Patna Junction from Delhi where she met with a boy who told her that he will arrange room for her in hotel, hence she went with him. It is further alleged that in the morning, the informant gave her child to a stout man,

Patna High Court CR. MISC. No.72720 of 2024(3) dt.17-12-2024 2/3 thereafter she went for eating food but when she returned back, she did not find her child, stout man and the man with whom she stayed last night.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. Learned counsel submits that during the investigation, it has not come in the record, how the informant knew regarding the petitioners' full name, their parentages and address of the petitioners as the petitioners and informant are the resident of two different States. The petitioners have no connection with the boy who had the role in the hotel for the informant or with the alleged stout man to whom she handed over her child. He further submits that petitioners are labourers, having clean antecedent and are in jail custody since 25.05.2024. Chargesheet has already been submitted in this case against the petitioners. Petitioners undertake to cooperate in the trial.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. Considering the facts and circumstances and submissions made on behalf of the parties, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.72720 of 2024(3) dt.17-12-2024 3/3 Magistrate, Patna in connection with Kotwali P.S. Case No.328 of 2024.

(Sunil Dutta Mishra, J) Siwani/- U T