Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18848 of 2023 Arising Out of PS. Case No.-859 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Raj Kumar Mahto Son Of Baidhnath Mahto R/V- Siswa, P.S- Banjariya DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Sections 4/8 of the POCSO Act.

It is a case of kidnapping of the minor daughter of the informant by the petitioner and other accused persons.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the

Patna High Court CR. MISC. No.18848 of 2023(2) dt.17-05-2023 2/2 victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she herself eloped with the petitioner. The victim was found to be aged about 19 years in her medical examination. The petitioner is languishing in custody since 12.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the fact aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Muffasil (Lakhaura) P.S. Case No. 859 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T