Rahul Kumar Mahto @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3369 of 2023 Arising Out of PS. Case No.-249 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Rahul Kumar Mahto @ Rahul Kumar Son Of Surilal Mahto @ Surendra Mahto R/O Vill.- Rampur Asurar, P.S.- Bhagwanpur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Nath Verma For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366 of the Indian Penal Code.

As per FIR, the allegation against the accused the petitioner is that he enticed away the daughter of the informant due to ulterior motives.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. There is inordinate delay of fifteen days in lodging the F.I.R. without given any cogent reason. As per Annexure-4,

Patna High Court CR. MISC. No.3369 of 2023(5) dt.21-08-2023 2/2 it appears that good sense has been prevailed between the parties and learned counsel for the informant also accepted this. It is further submitted that there is no physical assault and no physical misbehave levelled against the petitioner. Moreover, he is languishing in judicial custody since 21.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhagwanpur P.S. Case No. 249 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Manishkumar/- U T