Nand Lal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14905 of 2019 Arising Out of PS. Case No.-567 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== Nand Lal Mahto Son of Kishun Deo Mahto Resident of Village - Mangalpur Khutahi (Mangalpur Gudaria) P.S.- Nautan, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar No 7, Advocate Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP For the Informant :
Mr. Sachida Nand Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 365/366/366A/34 of the Indian Penal Code and Section 8 of the POCSO Act. The statement of the victim girl, recorded under Section 164 Cr.P.C., would reveal that she had voluntarily gone with co-accused Shailesh Kumar and has married with him. Learned counsel for the informant opposed the prayer for bail on the ground that the victim is a minor girl. Hence, her consent or no consent is immaterial. Since a minor is also competent to say that she was not kidnapped, hence, let the petitioner, above named, be
Patna High Court CR. MISC. No.14905 of 2019(3) dt.15-05-2019 2/2 released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Nautan P.S. Case No.567 of 2018, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.
(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T