Akindra Mahto @ Akindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9905 of 2024 Arising Out of PS. Case No.-430 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Akindra Mahto @ Akindra Kumar S/o Mahesh Mahto Resident of village -Rampur Asli ,P.S.- Shahebganj ,Distt.-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sahebganj P.S. Case No. 430 of 2019 dated 11.10.2019 for the offence punishable u/s 363, 366A and 34 of the Indian Penal Court.
3. As per the prosecution case, the co-accused persons are alleged to have kidnapped the minor daughter of the informant with the assistance of the petitioner and other accused persons.
4. It has been submitted on behalf of the petitioner that the allegation against the petitioner is general and omnibus. The informant is not an eye-witness of the alleged occurrence. The co accused Maheshwari Devi and Kamlesh Kumar have already
Patna High Court CR. MISC. No.9905 of 2024(2) dt.29-02-2024 2/2 granted anticipatory bail by the coordinate Bench of this Court vide order dated 27.08.2020 and 12.03.2021 passed in Cr. Misc. No. 13818 of 2020 and Cr. Misc. no. 33389 of 2020 respectively. The petitioner is accused in one more case as stated in para 3 of the bail application.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, West Muzaffarpur in connection with Sahebganj P.S. Case No. 430 of 2019, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Prakash/- U