Sunil Kumar Mahto @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12546 of 2023 Arising Out of PS. Case No.-624 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Sunil Kumar Mahto @ Golu, Son of Satya Narayan Mahto, R/o MohallaBelwaganj, P.S.- Laheriasarai (Balbhadrapur), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Jha For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 342, 354(A), 354(B), 354(D), 379, 504, 506 and 509/34 of the Indian Penal Code and Section 8/12 of POCSO Act. The prosecution case, in brief, is that while the informant was returning from a marriage ceremony to her house, the petitioner along with other accused persons outraged her modesty and tried to took her away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner and

Patna High Court CR. MISC. No.12546 of 2023(2) dt.16-05-2023 2/3 victim are neighbor and have love affection between them and after attaining majority of her age both were decided to solemnize marriage with each other. It is further submitted in para 12 of the petition that as per the certificate of then ward counselor of the concerned ward, on the alleged date of occurrence, no any marriage ceremony was performed in that ward. It is submitted in para 14 of the petition that even after lodging the present case when the informant was not ready to record her statement under Section 164 Cr.P.C., against the petitioner after ignoring undue pressure of her parent, father of the informant reached at the house of petitioner and assaulted the mother of petitioner. Moreover, the petitioner has got no criminal antecedent. Petitioner is languishing in judicial custody since 17.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.12546 of 2023(2) dt.16-05-2023 3/3 Laheriasarai P.S. Case No. 624 of 2022 on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge (POCSO Act), Darbhanga.

(Sunil Kumar Panwar, J) nirajkrs/lata/- U T