IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28776 of 2010 DEO KUMAR MAHTO, SON OF LATE NARAYAN MAHTO, R/O VILLAGE LALPUR, P.S. BIRPUR, DISTRICT SUPAUL ………...PETITIONER Versus THE STATE OF BIHAR ……............OPPOSITE PARTY ----------- 02/ 11.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offence punishable under section 366 of the Indian Penal Code. Learned counsel for the petitioner submits that the main accused is Dr. Rafiq Alam and the allegation in the F.I.R. is that the petitioner has helped the main accused in hiding the alleged victim lady. The F.I.R. has been lodged by the father of the alleged victim lady naming several accused persons, including the petitioner but the alleged victim lady herself appeared in court and gave her statement under section 164 of the Code of Criminal Procedure (Annexure-2) in which she had stated that she was 38 years old and the statement made in the F.I.R. was absolutely false, as the accused persons had not taken her away rather she had herself gone to her husband’s place by her own free will. Learned counsel for the petitioner also avers that the petitioner is in custody since March, 2009. Considering the aforesaid facts and circumstances of the case, the petitioner, namely Deo Kumar Mahto is directed to be released on bail on furnishing bail bond of Rs. 10,000.00 with two sureties of the like amount each to the satisfaction of Additional - 2 - Sessions Judge, Fast Track Court No.3, Supaul, in connection with S.T. No.161 of 2009 arising out of Birpur P.S. Case No.53 of 1999. Harish (S.N. Hussain, J.)