Mithilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10170 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- DHURAIYA District- Banka ====================================================== MITHILESH KUMAR SINGH (Male), aged about 25 years, Son of Triloki Pd. Singh, Resident of village- Basudevpur, Police Station- Amarpur, DistrictBanka. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Irshad, Advocate.

For the Opposite Party :

Mr.Pancha Nand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 15.07.2018 in a case for the offence registered under Sections 366(A)/34 of the IPC and 4 of POCSO Act.

The prosecution story, in brief, is that on the date and time of occurrence, the daughter of the informant, namely, Manisha Kumari aged about 16 years, went for natural call and did not return. After 4-5 days, it was traced that Mithilesh Kumar Singh (petitioner) had taken her with intent to get marry with the help of co-accused Triloki Prasad Singh and Bhabhit Thakur.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.10170 of 2019(6) dt.19-07-2019 2/2 petitioner that the petitioner has got no criminal antecedent. After investigation, the police has submitted charge sheet under Sections 366(A), 504 of the IPC and 4 of POCSO Act. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It appears from photographs that the victim has got married with the petitioner. There was love affairs between the petitioner and the victim.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. Istcum-Special Judge, Banka, in connection with Dhoraiya P.S. Case No. 146 of 2018, G.R. No. 2352 of 2018.

(Sudhir Singh, J) U.K./- U T