Deepak Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47347 of 2024 Arising Out of PS. Case No.-102 Year-2022 Thana- PIPRA District- East Champaran ====================================================== Deepak Kumar Mahto Son of Rajendra Mahto Residence of Bhagwanpur Imaliya, Police Station - Pipra, District - East Champaran, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Khublal Bhagat Son of Late Brahmdeo Bhagat Resident of Village - Bhagwanpur Imaliya Ward No.- 8, P.S. - Pipra, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 363, 366(A), 34 of the IPC and Section 8 of POCSO Act.

3.

As per the prosecution case, petitioner kidnapped the daughter of informant with an intention to perform marriage with her.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation against

Patna High Court CR. MISC. No.47347 of 2024(2) dt.07-08-2024 2/2 the petitioner. The statement of the victim has been recorded u/s 164 Cr.P.C., in which she has not supported the prosecution case. The victim girl has solemnized marriage with the petitioner both in a temple and in a Court and at present the victim is residing with the petitioner's family. It is further submitted that the age of the victim has been assessed as 19 years as per the medical report. The petitioner has no criminal antecedent and is in judicial custody since 22.05.2024. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case, the statement of the victim and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Pipra P.S. Case No.102 of 2022. (Anjani Kumar Sharan, J) pallavi/- U T