Mustafa Devan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39434 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== Mustafa Devan Son of Late Mustakim Devan Resident of village- Puraina, P.s.- Dumariyaghat, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

Petitioner seeks regular bail in connection with Dumariaghat P.S. Case No. 144 of 2021 registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code and Section 8 of the POCSO Act. As per the allegation, the informant has alleged that her daughter aged about 15 years was kidnapped by this petitioner and co-accused persons when she was at home. It is further alleged that the accused persons also looted

Patna High Court CR. MISC. No.39434 of 2022(2) dt.02-11-2022 2/3 Rs.1,20,000/- from her home and the informant was threatened to be killed by this petitioner.

The main submissions advanced by the learned counsel Mr. Rajiv Kumar for the petitioner are that as per the medical report the age of the victim was assessed between 17 1⁄2 to 18 1⁄2 years and the said victim has been recovered and she has made statement under Section 164 Cr.P.C. in which she flatly denied the allegation of the FIR and stated that she voluntarily left the house of her family and also accepted to have pregnancy of six months from the petitioner. Learned APP Mr. Pawan Kumar Chaurasia appearing for the State has opposed the bail prayer.

In view of above submissions and mainly considering the statement of the so-called victim recorded under Section 164 Cr.P.C. which completely goes against the prosecution's story narrated in the FIR and the said victim stated to have established her matrimonial relationship with this petitioner and also considering the petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner 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 the

Patna High Court CR. MISC. No.39434 of 2022(2) dt.02-11-2022 3/3 concerned Court in connection with Dumariaghat P.S. Case No. 144 of 2021.

(Shailendra Singh, J.) sangam/- U T