Bachha Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.49099 of 2014 (2) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49099 of 2014 Arising Out of PS.Case No. -277 Year- 2014 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bachha Mahto Son of Paspat Mahto resident of Satbhidawn, P.S. Majhaulia, District West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Binod Kumar No. 3(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Majhaulia P.S. Case No. 277 of 2014 registered for the offences punishable under Sections 366(A), 34 of the Indian Penal Code and under Section 8 of the POCSO Act.

Learned counsel for the petitioner submits that the present case is a case of false implication and it was a case of love affair between the parties and the girl is a major as per the medical report which has also come in the order of learned Additional Sessions Judge.

Learned counsel for the petitioner further submits that considering the nature of allegation made against the petitioner

Patna High Court Cr.Misc. No.49099 of 2014 (2) dt.30-04-2015 and that he has no other criminal antecedent, he may be extended the benefit of anticipatory bail.

In view of the fact that the girl is a major and now she has returned and that the petitioner also undertakes to co-operate with whatever investigation or the trial as and when required, let the petitioner, in the event of his arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned 1st Additional Sessions Judge, Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 277 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U