Raju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33872 of 2019 Arising Out of PS. Case No.-57 Year-2017 Thana- KORMA District- Sheikhpura ====================================================== Raju Mahto, Son of Fakira Mahto, Resident of Village-Batora, P.S.-Korma, District-Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Ehteshamuddin, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 366 of the Indian Penal Code and Section 8 of the POCSO Act.

Petitioner happens to be the brother-in-law of victim and admittedly, the victim returned to her home safely and, thereafter, her statement under Section 164 Cr.P.C. was recorded. No doubt, victim claimed in her statement recorded under Section 164 Cr.P.C. that she was forcibly taken away by the petitioner but she also admitted that the relation of petitioner with his wife was not cordial. Moreover, the victim has nowhere, stated about her sexual exploitation by the petitioner.

Patna High Court CR. MISC. No.33872 of 2019(2) dt.23-05-2019 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly keeping in mind, the statement of the victim recorded under Section 164 Cr.P.C., let the petitioner, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Sheikhpura in connection with Korma P.S. Case No. 57 of 2017.

(Hemant Kumar Srivastava, J) khushbu/- U T