Anand Mohan Mahto @ Lal Mohan Mahto @ Anand Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24300 of 2022 Arising Out of PS. Case No.-235 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== ANAND MOHAN MAHTO @ LAL MOHAN MAHTO @ ANAND MOHAN KUMAR Son of Sindheshwar Mahto Resident of village - Bishanpur Adhar, P.S.- Kanhauli, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 366A read with 34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per the prosecution case, the petitioner and coaccused persons, armed with lethal weapons, kidnapped the minor daughter of the informant forcibly, who is aged about 13 years. The petitioner and co-accused person Shyam Kumar boarded on scorpio again came and tried to abduct the informant but they were caught by the villagers who came hearing cries of the informant and were handed over to the police.

Patna High Court CR. MISC. No.24300 of 2022(2) dt.16-08-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel further submitted that victim has not supported the allegation levelled against the petitioner in her statement under Section 164 of the Cr.P.C. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 23.08.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl, Sessions JudgeVI, Sitamarhi, Bihar, in connection with Sonbersa P.S. Case No. 235 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T