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2026 Supreme(Online)(Pat) 5033

PATNA HIGH COURT
Ramautar Mahto @ Ramawatar Mahto
Cr.Misc.-55101/2025



IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55101 of 2025 Arising Out of PS. Case No.-22 Year-2024 Thana- MANJHI District- Saran ======================================================

1. Ramautar Mahto @ Ramawatar Mahto S/o- Late Prakash Mahto Village-

Uttar Tola Manjhi Ps- Manjhi Dist- Saran at Chapra

2. Kalawati Devi W/o- Ramautar Mahto Village- Uttar Tola Manjhi Ps- Manjhi Dist- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the State : Mrs. Sharda Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

5 17-01-2026 Heard Mr. Nawal Kishore Singh, learned counsel for the petitioners and Mrs. Sharda Kumar, learned APP representing the State.

2. The petitioners are apprehending their arrest in connection with Manjhi P.S. Case No. 22 of 2024 registered for the offence under Sections 363 and 366(A) of the Indian Penal Code, lodged on 29.01.2024 by the informant, Sunil Gosai.

3. As per the prosecution story, the informant alleged that his minor daughter went to attend the coaching classes but failed to return and alleging the role of petitioners’ son that he has taken her away, the F.I.R..

4. In this case, the coordinate Bench had called for the case diary and statement of the victim girl which are on record, learned counsel for the petitioner has taken this Court to the statement of the victim girl to show that she was a major and recorded her age as 19 years and the said statement further records that she on her own went to Delhi on 27.01.2024 with the petitioners’ son, got married and now the couple is blessed with a child.

5. Learned APP opposes the prayer submitting that the girl was minor as per the F.I.R..

6. Having heard the parties/the submissions put forward by them, this Court has gone through the statement made by the victim girl which is part of the case diary, age has been recorded as 19 years, meaning thereby that she is a major, the short statement shows that she got married on her own sweet will with Shiv Kumar Mahto and now blessed with a child. The petitioners are the parents of Shiv Kumar Mahto, in that background, this Court is inclined to extend them the privilege of anticipatory bail.

7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saran at Chapra, in connection with Manjhi P.S. Case No. 22 of

2024 subject to the following conditions:-

(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.

(Rajiv Roy, J)

vinayak/- U T

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