Rabindra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40554 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- BALTHAR District- West Champaran ====================================================== RABINDRA MAHTO Son of Raghuvir Mahto Resident of Village-Balthar, P.S.-Balthar, District-West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in connection with Balthar P.S. Case No. 17 of 2019 registered for the offence punishable under sections 363, 366 A and 379 of the Indian Penal Code and section 8 of POCSO Act.
As per allegation in the FIR,the sixteen year old minor daughter of the informant was taken away by the petitioner for the purpose of marriage along with some ornaments and cash to the tune of Rs. 10,000/-/. It is submitted by learned counsel for the petitioner that from the FIR it would transpire that the alleged occurrence has taken place on 20.02.2019 but the FIR was
Patna High Court CR. MISC. No.40554 of 2019(4) dt.13-09-2019 2/3 registered on 02.03.2019 after a delay of 12 days. It is further submitted that on return, she was medically examined and her age was determined to be between 17 and 19 years. It is further submitted that from reading of statement recorded under Section 164 Cr.P.C. it would be evident that the statement has been given under the pressure of her family members with whom she had come in touch prior to recording of the said statement. Petitioner has no criminal antecedent and he is in custody since 16.03.2019.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts that from the FIR it appears that ornaments and substantial amount of cash had also been taken away, the age of the victim as estimated in the medical report and petitioner being in custody since 16.03.2019, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, West Champaran at Bettiah in connection with Balthari P.S.
Patna High Court CR. MISC. No.40554 of 2019(4) dt.13-09-2019 3/3 Case No. 17 of 2019.
(Partha Sarthy, J) sushma/- U