Sujeet Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67263 of 2019 Arising Out of PS. Case No.-216 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Sujeet Kumar Mahto, Son of Badri Mahto @ Badri Nath Mahto, Resident of Village - Shekh Dhurwa, Ward No.10, Bettiah Dih, Chanpatia, P.S.- Manuapul, Dist.- West Champaran.

2.

Badri Mahto @ Badri Nath Mahto, Son of Late Shiv Govind Mahto, Resident of Village - Shekh Dhurwa, Ward No.10, Bettiah Dih, Chanpatia, P.S.- Manuapul, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Majhaulia P.S. Case No. 216 of 2019, registered under Section 366(A)/34 of the Indian Penal Code.

The accusation is of kidnapping of Meera Kumari, daughter of informant, Yogendra Sah, by Sushil Kumar with the help of his brother, Sujit Kumar Mahto (petitioner no.1) and father, Badri Mahto (petitioner no.2).

Learned counsel for the petitioners submits that, in fact, Sushil Kumar, who is brother and son of petitioner nos. 1 and 2, respectively, had love affairs with the daughter of the informant and

Patna High Court CR. MISC. No.67263 of 2019(2) dt.14-11-2019 2/2 Sushil Kumar accompanied the daughter of the informant, whose age was assessed in between 17 to 19 years, according to her own sweet will, but with ulterior motive, both petitioners have been implicated in the present case and later on, the statement of victim, daughter of the informant, was recorded on the pressure of the informant under Section 164 Cr.P.C., in which, she disclosed the name of both petitioners helping their hands to Sushil Kumar in her kidnapping. Moreover, after realizing the real fact, compromise petition has also been filed by the informant in the court of Chief Judicial Magistrate, West Champaran, Bettiah on 14.08.2019.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 216 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T