Mangal Turha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30466 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- SIKRAUL District- Buxar ====================================================== MANGAL TURHA S/O LATE MADHO TURHA R/O VILLAGEBHADAR, P.S- SIKRAUL, DISTT.- BUXAR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-07-2024 Heard the parties.
2. The petitioner is an accused in connection with Sikraul P.S. Case No. 27 of 2024 registered for the offences under section 366(A) of the Indian Penal Code and sections 8 and 12 of POCSO Act lodged on 03.03.2024 by the informant, Fatma Khatoon.
3. As per the prosecution story, the informant alleged that on 02.03.2024, her daughter left without any information and later came to know that this petitioner has taken her away. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the girl returned and made a statement under Section 164 of the Cr.P.C. stating that no one had taken her, she went to Maliabagh, Nawanagar on her own.
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5. Learned APP for the State, on the other hand, opposes the prayer for bail.
6. Taking into account the aforesaid facts as also the statement of the victim girl and the petitioner is in custody since 03.03.2024 (as stated in paragraph-12 of the petition), this Court is inclined to grant him privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge 6th-cum-Special Judge (POCSO Act), Buxar in connection with Sikraul P.S. Case No. 27 of 2024, subject to the following conditions-:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.30466 of 2024(3) dt.26-07-2024 3/3 cancellation of his bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T