Bundel Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46504 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA PS District- Katihar ====================================================== BUNDEL MAHTO S/o Jay Lal Mahto R/o Village- Lila Ghat, Bind Tola, P.S.- Falka, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2019 Supplementary Affidavit has been filed on behalf of petitioner wherein it is stated that as per medical report age of victim is between 17-18 years. It is further mentioned in the Supplementary Affidavit that there is no any Middle School in Gopalpatti Ghat, Katihar, as alleged in the written report. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Sadar Mahila P.S. Case No. 14/2019, instituted for offence under Section(s) 376, 504/34 of the Indian Penal Code read with Section 4 of POCSO Act. Learned counsel for the petitioner has submitted that victim had gone with this petitioner on her own consent and lived with him in Ambala for one month.

Statement of victim has been recorded under Section

Patna High Court CR. MISC. No.46504 of 2019(2) dt.01-08-2019 2/2 164 Cr.P.C. wherein she has stated that she had lived with this petitioner in Ambala for one month. Petitioner also established physical relationship with her. Thereafter petitioner brought her to Katihar on the pretext of performing marriage. The petitioner left her on Katihar Station and fled away.

In this manner, from the statement of victim recorded under Section 164 Cr.P.C. it appears that she had stayed with petitioner in Ambala for one month and thereafter gone to Katihar with him.

Petitioner is in custody since 18.06.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 learned Chief Judicial Magistrate, Katihar, in connection with Sadar Mahila P.S. Case No. 14/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T