Rama Mahato @ Syam Mahato @ Syam Kumar @ Shyam Kumar @ Shyam Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80317 of 2019 Arising Out of PS. Case No.-22 Year-2013 Thana- LAUKARIA District- West Champaran ====================================================== 1.

RAMA MAHATO @ SYAM MAHATO @ SYAM KUMAR @ SHYAM KUMAR @ SHYAM MAHTO S/o Kanchh Mahto @ Kritendra Prasad R/o Village- Chhapaul, P.S.- Laukariya, District- West Champaran. 2.

Jhetil Singh S/o Late Sharda Singh R/o Village- Chhapaul, P.S.- Laukariya, District- West Champaran.

3.

Aahilya Devi Wife of Jhetil Singh R/o Village- Chhapaul, P.S.- Laukariya, 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.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Laukariya P.S. Case No. 22 of 2013, Trial No. 1583 of 2019 for the offence registered under Section 366A of the Indian Penal Code.

The allegation is regarding the co-accused person, namely, Raju Mian having kidnapped the victim girl and the petitioners are said to have helped them.

The learned counsel for the petitioners has submitted that the petitioners have been given a clean chit by the Police

Patna High Court CR. MISC. No.80317 of 2019(2) dt.06-12-2019 2/2 inasmuch as the Police has filed a final form, however, the learned Magistrate has differed and taken cognizance under the offences alleged as against the petitioners. It is further submitted that the petitioners are having clean antecedents and are not likely to jump bail or tamper with the evidence. It is further submitted that the main accused is Raju Mian and not the petitioners herein.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four 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 learned Judicial Magistrate-Ist Class, Bagaha in connection with Laukariya P.S. Case No. 22 of 2013, Trial No. 1583 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T