Mithilesh Kumar Mahto @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29587 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Mithilesh Kumar Mahto @ Mithilesh Kumar S/o- Ramchandra Mahto Village- Lalgarh Tole Jimisingh Ps- Shyampur Bhatha Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prabhat, Adv For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Shaympur Bhatha P.S. Case No. 22/2025, registered for the offence under Sections 137(2), 87, 3(5) of B.N.S. Act.

3. According to the case of prosecution, at the time of alleged incident the age of the victim was 17 years 11 months and 6 days. It is the case of prosecution that on 8.02.2025, the petitioner took the victim girl with him and subsequently, both of them performed their marriage. The matter was reported by mother of the victim girl, on the basis of which, offence has been registered. After completion of investigation, final form

Patna High Court CR. MISC. No.29587 of 2025(2) dt.15-05-2025 2/3 has been filed by the prosecution in favour of the petitioner and other named accused persons, however, vide order dated 25.03.2025, the learned A.C.J.M-3rd Sheohar took the cognizance against the present applicant for the offence punishable under sections 137(2), 87, 3(5) of B.N.S.

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. Virtually there was a love relation between the victim girl and petitioner, due to that, the victim girl herself left her house and joined the company of petitioner and both of them performed their marriage . There is no role of the petitioner for abduction of the victim girl. He further submits that the victim girl herself admitted the fact that she herself left her house with her own will. Lastly, it is submitted by the counsel for the petitioner that the petitioner is in custody since 14.02.2025, trial is going on, it will take some more time, therefore it is prayed that he may be granted benefit of bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Considering the above submissions made by the learned counsel for the petitioner and particularly, considering the statement made by the victim girl, I am of the view that the

Patna High Court CR. MISC. No.29587 of 2025(2) dt.15-05-2025 3/3 petitioner should be enlarged on bail.

7. Accordingly, the application is allowed.

8. The petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Sheohar, in connection with Shyampur Bhatha P.S. Case No. 22/2025.

(Arvind Singh Chandel , J) krishnakant/- U T