Patna High CourtCR. MISC./68883/2019bail granted

Diwakar Mahto v. The State Of Bihar

2019-12-04Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 68883 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- DERNI BAZAR District- Saran ====================================================== DIWAKAR MAHTO Son of Late Baldev Mahto R/O Village- Rasulpur Khirikia, P.S.- Derni, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Rajendra Singh Shastry (App) ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 366A/34 of Indian Penal Code.

Learned counsel for the petitioner submits that even as per allegations made in the first information report, it is son of the petitioner who has eloped with daughter of the informant. It is only on basis of suspicion that the petitioner has been implicated in this case. The petitioner is not having any criminal antecedent prior to the instant case and is in custody since 03.08.2019.

Learned APP for the State has opposed the prayer. Considering the rival submissions, this Court is

Patna High Court CR. MISC. No.68883 of 2019(2) dt.04-12-2019 2/2 inclined to accept the submission of the petitioner's counsel. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XII, Saran at Chapra in Derni Police Station Case No 133 of 2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T