Ghuran Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39008 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== Ghuran Mahto S/O Nanu Lal Mahto R/o - Kharhoriya Tol, P.S - Laukaha, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 137 (2), 87, 3(5) of the BNS 2023.
3. The case of the prosecution, in short, is that the petitioner along with others have abducted the daughter of the informant. During the course of investigation, victim's statement was recorded under Section 183 of the BNSS wherein she stated that while she was roaming near the roadside, two boys, who were hiding there, dragged her and took her towards the river where two other boys were already present there. It is further alleged that those boys behaved in an indecent manner with her. She has also stated that she can identify those boys.
Patna High Court CR. MISC. No.39008 of 2025(3) dt.03-09-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that a perusal of the statement recorded under Section 183 of the BNSS reveals that he has not named any one. It is also submitted that no Test Identification Parade (TIP) has been conducted despite the victim having stated that she would be able to identify the accused persons. From the perusal of the medical examination report, it is clear that the Medical Board has opined that on physical and pathological examination, no medical evidence has found at the time of examination. It has also been recorded by the Medical Board that no external or internal injury was noticed on her body or private parts. Moreover, the petitioner is languishing in judicial custody since 20.02.2025 having no criminal antecedent.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laukaha P.S. Case No. 05 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.39008 of 2025(3) dt.03-09-2025 3/3 sureties of the like amount each to the satisfaction of learned SDJM, Jhanjharpur, Madhubani.
(Ashok Kumar Pandey, J) Jagdish/- U T