Bhishm Mahto @ Yashwant Mahto @ Yashwant Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70408 of 2022 Arising Out of PS. Case No.-184 Year-2021 Thana- JALALPUR District- Saran ====================================================== Bhishm Mahto @ Yashwant Mahto @ Yashwant Mahto S/O Sri Kishun Mahto Resident Of Village And P.O.- Kotheyan, P.S.- Jalalpur, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the Opposite Party/s :

Mr.Indu Kumari Srivastava, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jalalpur P.S Case No. 184 of 2021 dated 29.07.2021 registered for the offences punishable under sections 363 and 366A read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.70408 of 2022(2) dt.12-04-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Earlier the co-accused Kishan Mahto had filed a case bearing P. S Case No. 326 of 2021 against the informant and other under sections 302, 201 and 120B of the I.P.C. Learned counsel further submitted that the victim was not forced to have illicit relationship with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.09.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Saran at Chapra in connection with Jalalpur P.S. Case No. 184 of 2021.

The application stands allowed.

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