IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37303 of 2010
BINAY MAHTO & ORS
Versus
STATE OF BIHAR
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2 06.10.2010 Heard learned counsels for the petitioners and the State.
The petitioners are languishing in custody since
06.07.2010 in a case registered under sections 366A/34 of the I.P.C.
The victim gave her 164 Cr. P.C. statement supporting
the factum of kidnapping but she did not allege any sexual assault
upon herself. It is submitted that victim subsequently married to one
Sheo Pujan Mahto and has compromised the matter.
Considering the fact that Sarita Devi and Sheo Pujan
Mahto have been granted bail vide Cr. Misc. Nos. 31953/2010 and
30188/2010. The web copy of the said order dated 27.09.2010 has
been produced before this Court. Let it be kept on record.
Considering the aforesaid facts, let the petitioners,
namely, Binay Mahto, Ajay Mahto, Ranjeet Mahto, Santosh Mahto
and Sanjay Mahto be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Aurangabad, in connection with Madanpur P.S. Case No. 65/10
subject to the following conditions:- (i) That one of the bailors will
be a close relative of the petitioners who will give an affidavit
giving genealogy as to how he is related with the petitioners. The
bailor will also undertake to inform the court if there is any change
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in the address of the petitioners. (ii) That the petitioners will give an
undertaking that they will receive the police papers on the given date
and be present on date fixed for charge and if they fail to do so on
two given dates and delays the trial in any manner, their bail will be
liable to be cancelled for reasons of misuse. (iii) That the petitioners
will be well represented on each date and if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
U.K. ( Dinesh Kumar Singh, J.)