Mithilesh Mandal @ Mithlesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16277 of 2025 Arising Out of PS. Case No.-50 Year-2024 Thana- Sonki District- Darbhanga ====================================================== Mithilesh Mandal @ Mithlesh Mandal S/o Satyanarayan Mandal @ Satya Narain Madal R/O Chikni Daha Tol, P.S - Sonki, District - Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sajan Mahto S/o Mahendra Mahto R/o vill - Chikni, P.S.- Sonki, Distt.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence under Section 126(2), 96, 352, 3(5) of the BNS.

3. As per the prosecution case, it is alleged that petitioner had kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that from perusal of the statement recorded under Section 183 of BNSS, it appears that the victim girl has stated that she had gone with the petitioner from her house at about 11 P.M at her own sweet will and no one forced her for leaving her house. He further submits that there is not any allegation of sexual assault upon the victim girl by the

Patna High Court CR. MISC. No.16277 of 2025(4) dt.02-07-2025 2/2 petitioner. He next submits that chargesheet has already been submitted for conclusion of the investigation. He next submits that petitioner is in custody since 17.08.2024 and has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the First Information Report, case diary and impugned order dated 28.01.2025, it appears that the victim girl has gone with the petitioner with her own sweet will which is evident from her statement recorded under Section 183 of BNSS and there is not any allegation of sexual assault upon the victim by the petitioner. So, considering all aspects of the case and submission of learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, (POCSO Act) Darbhanga in connection with Sonki P.S. Case No.50 of 2024.

(Ramesh Chand Malviya, J) Harshita/- U T