Parshuram Mahto @ Pashuram Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30396 of 2024 Arising Out of PS. Case No.-264 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== Parshuram Mahto @ Pashuram Mahto S/O Lal Babu Mahto R/O VillageBaldiha, P.S- Jogapatti (NAWALPUR), Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Jogapatti P.S. Case no. 264 of 2022 registered under sections 363A, 370A, 373 and 34 of the Indian Penal Code, section 12 of the POCSO Act, section 79 of the Juvenile Justice Act and section 3(I)(r)(s) of the SC/ST Act.

3. As per the prosecution case, the informant states that the 13 year old victim girl who was found wandering was taken into custody through the Child Line. It transpired that she was residing in Delhi with her uncle from where she started for her home in Jharkhand but in the meantime the accused petitioner at Anand Vihar station sold this victim girl by forcing her, to an orchestra group whose owner is one bade Mian.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order

Patna High Court CR. MISC. No.30396 of 2024(2) dt.19-04-2024 2/2 dated 20.2.2024 (Annexure-1) passed in Cr. Misc. no. 8638 of 2024. The petitioner is in custody since 21.5.2022 and charge has been framed in the learned trial Court on 16.3.2024. A copy of the order framing charge has been brought on record as Annexure-3 to this petition. The petitioner undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner being in custody since 21.5.2022, his not having any criminal antecedent, the liberty granted in the earlier order rejection dated 20.2.2024 and charge having been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Jogapatti P.S. Case no. 264 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI-cum-Special Judge POCSO, West Champaran at Bettiah.

(Partha Sarthy, J) Harsh/- U T