Suresh Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80646 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== Suresh Mahato son of late Dhela Mahato, R/o Vill.-Uchakagaon, P.S.- Uchakagaon, Distt.-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Uchakagaon P. S. Case No. 117 of 2018 instituted for the offence under Section(s) 366A/34 of the Indian Penal Code.

Prayer for bail of the petitioner was earlier rejected by this Hon'ble Court vide order dated 5.10.2018 passed in Cr. Misc. no. 53479 of 2018 with liberty to the petitioner to renew his prayer for bail after six months in the event no substantive progress is made in the trial. The victim girl was traceless at that time.

Learned counsel for petitioner submits that he renews his prayer for bail before expiry of six months since the victim girl has been recovered. The victim girl, on recovery, has given

Patna High Court Cr.Misc. No.80646 of 2018(2) dt.09-01-2019 2/2 her statement under Section 164 of the Cr.P.C., wherein, she has not levelled any allegation against this petitioner. Learned counsel further submits that Sessions Judge, Gopalganj, Bihar has mentioned in the impugned order that victim girl, on recovery, has given her statement U/s 164 Cr.P.C., wherein, she has stated that on 3.5.2018 at 8 pm she left her house and reached at Mirganj where she met Govinda Mahato and she went with Govinda Mahato to Haryana and got married with him.

Petitioner is father of the aforesaid Govinda Mahato. There is no allegation of any specific overt act against this petitioner in the written report.

Petitioner is in custody since 5.5.2018.

Considering the aforesaid, 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 the ACJM-IX, Gopalganj, in connection with Uchakagaon P. S. Case No. 117/18 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T