Patna High Court
CRIMINAL MISCELLANEOUS 360 of2024 on 30 December 2024
IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.60229 of 2025
Arising Out of PS. Case No.-360 Year-2024 Thana- BAJPATTI District- Sitamarhi ======================================================Shiv Poojan Mahto Son of Hiralal Mahto Resident of Village - Bhahma, WardNo.- 10, P.S.- Pupri, District - Sitamarhi
... ... Petitioner/s
Versus
1.The State of Bihar Bihar2.Lalchunni Devi Wife of Bodhnarayan Mahto Resident of Village and P.O.-Bangaon, P.S.- Bajpatti, District - Sitamarhi
... ... Opposite Party/s
======================================================Appearance :For the Petitioner/s: Mr.Shankar Kumar, Adv. For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
Heard learned counsel for the petitioner and learned 209-09-2025
A.P.P for the State.
2. The petitioner has preferred this application for grantof regular bail in connection with Bajpatti P.S. Case No. 360 of2024 dated 30.12.2024 registered for the offences punishable u/ss137(2), 87 and 303(2) of the B.N.S.
3. As per the prosecution case, the petitioner is allegedto have kidnapped the minor daughter of the informant and tookRs. 95,000/- in cash, 20 gm. gold and 1.50 Kg. Silver from herhouse.
4. Learned counsel for the petitioner has submitted thatthe petitioner is innocent and has falsely been implicated in thiscase. The petitioner has been made accused in this case merely onsuspicion. It is further submitted that the victim has been Gautam/- UT
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recovered and her statement was recorded u/s 183 of the B.N.S.S.in which there is no allegation of physical assault against thepetitioner. It is further submitted that there is nothing on recordwhich shows that the victim was forced or seduced to have illicitintercourse with another person. The petitioner has no concernwith the alleged offence. The petitioner has one criminalantecedent in which he is on bail as stated in para 3 of the bailpetition. The petitioner is in custody since 08.06.2025.
5. Learned A.P.P. for the State has vehemently opposedthe bail petition of the petitioner and submitted that the victim is aminor girl.
6. Considering the aforesaid facts and circumstances ofthe case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bondof Rs.20,000/- (Rupees Twenty Thousand) with two sureties of thelike amount each to the satisfaction of learned Court concerned,Sitamarhi in connection with Bajpatti P.S. Case No. 360 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J)
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