Mahesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82201 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- SARAI District- Vaishali ====================================================== 1.

Mahesh Mahto S/O Late Sukhnandan Mahto R/O Village- Matiyara Tok, P.S- Sarai, Distt.- Vaishali.

2.

Gayatri Devi W/O Mahesh Mahto R/O Village- Matiyara Tok, P.S- Sarai, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Sarai P.S. Case No. 207 of 2023 for the offences registered under Sections 363 and 366(A)/34 of the Indian Penal Code.

3. It is alleged in the prosecution case that on 04.08.2023 grand-daughter of the informant had gone to school but she did not return. It is further alleged that wife of informant saw that one Ritesh Kumar was forcibly taking away his granddaughter. She resisted but the accused Ritesh Kumar fled away with his grand-daughter.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.82201 of 2023(2) dt.09-01-2024 2/2 petitioners are innocent. They have falsely been implicated in this case. Petitioners are elderly persons. They are not involved in the case. It is further submitted that during course of investigation, victim was recovered and she stated that she had fled away from her house due to the reason that her mother had slapped her. No one had kidnapped her. Petitioners have no criminal antecedent. They are in judicial custody since 29.08.2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Sarai P.S. Case No. 207 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T