Raj Kishore Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70640 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== Raj Kishore Mahto, aged about 66 years, Male, Son of Late Jay Govind Mahto Resident of Village - Jarang Rampur, P.S. - Vaishali (Belsar O.P), Dist.- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 363 and 366/34 of the Indian Penal Code.

As per the FIR, the informant allegedly reveals that his daughter aged about 18 years has been kidnapped by the petitioner along with others on 29.06.2018 for the purpose of marriage. Even after, hectic search, he was not able to trace out his daughter.

Learned counsel for the petitioner submits that has falsely been implicated in this case and he has not committed any offence. He further submits that chargesheet has already

Patna High Court CR. MISC. No.70640 of 2019(2) dt.25-11-2019 2/3 been submitted. He further submits that the statement of the victim has been recorded under Section 164 of the Cr.P.C. in which she has categorically stated that she has solemnized marriage with one Vinay Kumar on her own sweet will. In the facts and circumstances of the case, let the petitioner above named be released 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 CJM, Vaishali at Hajipur in connection with Vaishali (Belsar OP) P.S.Case No.241 of 2019, subject to the following conditions:- (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned trial court.

(iv) The petitioner shall cooperate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the

Patna High Court CR. MISC. No.70640 of 2019(2) dt.25-11-2019 3/3 State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) B.Kr./- U T