Badal Mahto @ Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7845 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- BAUGHAT District- Sheikhpura ====================================================== Badal Mahto @ Badal Kumar Son of Salo Mahto @ Salendra Mahto Resident of Village - Ghat Kusumbha, Police Station - Baughat, District - Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chaurasi Devi Wife of Maran Sahni Resident of Village - Ghat Kusubha, Police Station - Baughat, District - Sheikhpura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Baughat P.S. Case No. 33 of 2024 dated 29.08.2024 registered for the offence punishable under Sections 137(2), 140(3)/96 of the Bharatiya Nyaya Sanhita, 2023.

3. Earlier notice was issued to opposite party no. 2 but nobody appears on behalf of opposite party no. 2.

4. Learned counsel for the petitioner submits that hard copy of the supplementary affidavit has been filed on 08.05.2025.

5. Office is directed to place the same on record.

Patna High Court CR. MISC. No.7845 of 2025(3) dt.13-05-2025 2/3

6. The prosecution case, in short, is that on the alleged date of occurrence, the petitioner along with other co-accused persons kidnapped the minor daughter of the informant, aged about 14 years.

7. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the statement of the victim under Section 183 of B.N.S.S. has been recorded on 01.05.2025, wherein she has stated that nobody kidnapped her, rather, she herself went to Haridwar on her sweet will where the petitioner met her. It is submitted that on bare perusal of the statement recorded under Section 183 B.N.S.S., it appears that there is no whisper against the petitioner. It is also submitted that during pendency of this case, the parents of the informant filed a petition in the court below for permission to compromise the case. Lastly, it has been submitted that the petitioner is in custody since 30.10.2024, having no criminal antecedent and charge-sheet has been submitted in the case.

8. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.7845 of 2025(3) dt.13-05-2025 3/3

9. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Exclusive Special Judge (POCSO), Sheikhpura in connection with Baughat P.S. Case No. 33 of 2024.

(Khatim Reza, J) prabhat/- U T