Amarjit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 431 of 2020 Arising Out of PS. Case No.-25 Year-2019 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Amarjit Mahto, aged about 25 years, Sex Male, Son of Dinesh Mahto, Resident of Village-Gagri Police Station-Sheikhpura, District-Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-05-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Sheikhpura Mahila P.S. Case No. 25 of 2019 arising out of POCSO Case No.15 of 2019 registered for the offences punishable under Sections 363, 3663(A), 323, 504, 506/341 of the Indian Penal Code and Section 8 of POCSO Act. The prosecution case is that the informant Gouri Devi, wife of Arun Singh gave a written report to the Sheikhpura Mahila Police Station stating therein that on 05.05.2019, her "Natni" namely Kajal Kumari aged about 14 years, whose mother died and reside with her went outside her home and did not return. The informant began to search Kajal Kumari but she could not trace out. During search, the informant knew from the villagers that Aamrjeet Kumar, son of Dinesh Mahto has taken

Patna High Court CR. MISC. No. 431 of 2020(4) dt.29-05-2020 2/3 away by inducing her Natni Kajal Kumari. When the informant went to the house of petitioner to enquire about the matter the petitioner and his father abused and threatened her. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner has no criminal antecedent. Actually, there was love affairs of the victim girl with the petitioner prior to the alleged occurrence.

The victim girl has clearly stated before the police that six months before the alleged occurrence, love affairs was going on and also stated that 5-6 days before the alleged occurrence, she had gone to the house of the petitioner for solemnizing marriage, but with the intervention of her co-villager Bihari Singh went to his parental home at village Sultanpur. He further submits that other witnesses have clearly stated before the police that prior to alleged occurrence victim girl several times went away to t he house of the petitioner. T he victim girl herself went away with the petitioner and solemnized marriage with the petitioner. The statement of the victim girl under Section 164 Cr.P.C. totally falsified the prosecution case. She has not disclosed about the date of occurrence and any type of assault against the petitioner.

The victim girl has not been recovered from possession of the petitioner.

Patna High Court CR. MISC. No. 431 of 2020(4) dt.29-05-2020 3/3 act against the petitioner. He further submits that the petitioner is in jail custody since 11.07.2019.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional District and Sessions Judge, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 25 of 2019 arising out o POCSO Case No.15 of 2019.

(Anjani Kumar Sharan, J) Nasimul/- U T