Tiplu Mahaldar @ Tipru Mahaldar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71291 of 2018 Arising Out of PS. Case No.-151 Year-2018 Thana- KASBA District- Purnia ======================================================
1. Tiplu Mahaldar @ Tipru Mahaldar, Son of Late Dhorahi Mahaldar.
2. Yoges Mahaldar, Son of Chamdeo Mahaldar @ Ramchandra Mahaldar.
Both resident of Village- Dhatta Ghat, P.S.- Jalalgarh, DistrictPurnea. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nadimul Hasan, Advocate.
For the Opposite Party/s :
Mr. Arun Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Kasba P.S. Case No.151 of 2018 registered under Sections 363 and 366(A)/34 of the Indian Penal Code and Special POCSO Act. The accusation is of kidnapping the daughter of the informant under conspiracy of 6 persons, named in the F.I.R., including the petitioners from the house of her maternal grandfather.
Learned counsel appearing on behalf of the petitioners submits that, in fact, due to love affair with the co-accused Vijay Mahaldar, the daughter of the informant left the house with the
Patna High Court Cr.Misc. No.71291 of 2018(2) dt.04-12-2018 2/2 co-accused Vijay Mahaldar and performed the marriage with him in a temple, which would appear from the statement of the daughter of the informant as recorded under Section 164 of the Code of Criminal Procedure (Annexure- '2' to this application). The petitioner no.1 is in jail custody since 27.07.2018, whereas the petitioner no.2 is in jail custody since 06.09.2018. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Purnea, in connection with Special POCSO Act Case No.129 of 2018, arising out of Kasba P.S. Case No.151 of 2018..
(Rajendra Kumar Mishra, J) P.S./- U T