Patna High CourtCR. MISC./36291/2024bail granted

Suraj Kumar Mahto v. The State Of Bihar

2024-09-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36291 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- MANIGACHI District- Darbhanga ====================================================== Suraj Kumar Mahto Son of Rambabu Mahto Resident of village - Brahmpur, P.S.- Manigachhi, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the informant : Mr. Pintu Kumar Patel, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Manigachhi P.S. Case No. 66 of 2024 registered for the offence punishable under Sections-363, 366(A), 376 of the Indian Penal Code and Sections-4 & 8 of POCSO Act.

3. It is alleged that the petitioner in collusion with his family members kidnapped the victim girl from her house and molested her on several occasions.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. It has further been submitted that the FIR has been lodged after a delay of 14 days and no explanation has been

Patna High Court CR. MISC. No.36291 of 2024(4) dt.18-09-2024 2/2 offered for the same. As a matter of fact, there is love and affection of the victim with the petitioner. In her statement, recorded under Section 161 of the Cr. P.C. the victim has claimed to elope with the petitioner with her own sweet will and to solemnize marriage with him and the same statement was made by the victim before the Magistrate under Section-164 of the Cr.P.C. The petitioner is under incarceration since 28-032024. The petitioner is a man of clean antecedent.

5. Mr. Shailendra Kumar, learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 Exclusive Special Judge (POCSO Act), Darbhanga in connection with Manigachhi P.S. Case No. 66 of 2024 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) priyanka/AKV U