Mantu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48876 of 2023 Arising Out of PS. Case No.-115 Year-2015 Thana- DHANSOI District- Buxar ====================================================== Mantu Paswan S/O Jhabbu Paswan R/O Village- Parsada, P.S- Dhansoi, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Dhansoi P.S. Case No. 115 of 2015 dated 07.12.2015 registered for the offences punishable u/ss 363, 366A of the Indian Penal Code but the charge sheet has been submitted u/s 363, 366A and 376 of the IPC and u/s 4 of the POCSO Act.

4. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant when she went to attend call of nature.

Patna High Court CR. MISC. No.48876 of 2023(2) dt.16-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the victim in her statement recorded under section 164 of the Cr.P.C. has stated that she went with the petitioner of her own will. It is further submitted that the victim was not forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with Dhansoi P.S. Case No. 115 of 2015.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T