Awadh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48832 of 2018 Arising Out of PS. Case No.-104 Year-2018 Thana- Bettiah Muffasil District- West Champaran ====================================================== Awadh Mahto, S/o Narsingh Mahto, R/o Village- Shekhauna, P.S.- Bettiah Muffasil, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

18-08-2018 Heard Sri Bimlesh Kumar Pandey, learned counsel for the petitioner and Sri Shyam Bihari Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 20-04-2018 in Bettiah Muffasil P.S. Case No. 104 of 2018 registered for offence under Sections 366, 498, 379/34 of the Indian Penal Code, subsequently, chargesheet was submitted under Sections 363, 366, 376 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner has drawn my attention to F.I.R. as well as statement of the victim recorded under Section 164 of the Cr.P.C. He submits that victim was a married lady, having a minor child, had eloped initially with her consent with the son of the petitioner, however; petitioner and

Patna High Court Cr.Misc. No.48832 of 2018(2) dt.18-08-2018 2/2 his other family members were arrayed as accused in the F.I.R. and subsequently, the statement of the victim was recorded under Section 164 of the Cr.P.C. A copy of the said statement has been brought on record as Annexure - 2 to the petition. Sri Pandey, learned counsel for the petitioner submits that in statement recorded under Section 164 Cr.P.C., the victim had not whispered anything against the petitioner, however; she had alleged that Ramesh Kumar, son of the petitioner, had persuaded her to go with him and during that period, he had committed rape also.

Considering the fact that petitioner is only father of the main accused, there is no reason to further detain the petitioner.

Let the petitioner namely Awadh Mahto be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah (Muffasil) P.S. Case No. 104 of 2018. (Rakesh Kumar, J.) anay U T