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Patna High CourtCR. MISC./14498/2025bail granted

Mithu Paswan @ Mittu Kumar @ Mithu Kumar v. The State Of Bihar

2025-05-12Mr. Justice Arvind Singh Chandel3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14498 of 2025 Arising Out of PS. Case No.-679 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Mithu Paswan @ Mittu Kumar @ Mithu Kumar Son of Rambilash Paswan Resident of Village - Banshitikar, P.S. - Sabour, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with S.T. No.621 of 2024 arising out of Sabour P.S. Case No.679 of 2023, registered for the offence under Sections 363, 365 and 370 of IPC.

3. According to the case of prosecution, at the relevant time, age of the victim girl is about 13 years. It is alleged that on 26.10.2023 the present applicant abducted the victim girl and taken her to Bhagalpur. On the basis of the information given by the informant, i.e. her mother, offence has been registered. After some days, the victim girl returned her house and her statement was recorded and after completion of

Patna High Court CR. MISC. No.14498 of 2025(3) dt.12-05-2025 2/3 investigation, charge sheet has been filed and as of now, trial is going on.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case. The statement of the victim girl has already been recorded by the trial Court wherein she did not support the case of the prosecution and she categorically stated that she herself left her house and nothing wrong was done with her. He further submits that the petitioner is in custody since 29.11.2024 and the trial will take some more time. Therefore, on these grounds, it is prayed that the petitioner may be granted benefit of bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Heard.

7. Perused the case diary and other materials available on record.

8. Considering the submissions made by the counsel for the petitioner and particularly considering the statement of the victim recorded before the trial Court without further commenting other merits of the case, I am of the view that it is a case where the petitioner should be granted benefit of

Patna High Court CR. MISC. No.14498 of 2025(3) dt.12-05-2025 3/3 bail.

9. Accordingly, the application is allowed.

10. The petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-IV, Bhagalpur, in connection with S.T. No.621 of 2024 arising out of Sabour P.S. Case No.679 of 2023.

(Arvind Singh Chandel , J) shailendra/- U T