IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41458 of 2008 UPENDRA MAHTO, S/O LATE MAHADEO MAHTO, R/O VILLAGE- RAJWARA, P.S.-GARHARA, (BARAUNI O.P.), DISTRICT- BEGUSARAI Versus STATE OF BIHAR ----------- 2 24/11/2008 Heard learned counsel for the petitioner and learned counsel representing the State. Initially a complaint case was filed which was referred to police where the regular FIR has been registered under sections 363, 366, 366A/34 of the Indian Penal Code. The informant has alleged that his minor daughter has been taken away by this petitioner and others including Amol Kumar, Sani Kumar Mahto and wife of the petitioner. Submission is that the alleged lady was a married lady who was earlier married with Dharmendra Kumar and the marriage was dissolved. The petitioner is a Mason and on the date of occurrence he was at his work at Bachwara. No case either under section 366A or 366 of the Indian Penal Code is made out. At best it is a case of under section 498 A of the Indian Penal Code. Further submission is that on identical allegations Sani Kumar Mahto has been admitted to bail by this court vide order dated 1.7.2008 passed in Cr. Misc. No. 23696 of 2008. Considering the facts and circumstances of the case, the petitioner Upendra Mahto is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of the C.J.M., Begusarai in connection with Barauni P.S. Case No. 82 of 2008. avin (Shyam Kishore Sharma, J.)