Bablu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58721 of 2021 Arising Out of PS. Case No.-15 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Bablu Mahto S/o Ram Sevak Mahto R/o village- Kothiya, P.S.- Sadar, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
04-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Sadar P.S. Case No. 15 of 2019, registered for the offence under Sections 364, 365, 366(A), 34 of the Indian Penal Code and Section 10 of the POCSO Act.
It is submitted on behalf of petitioner that the victim girl, in her statement recorded under Section 164 Cr.P.C., has stated that she with her own consent married with this Petitioner and gave birth of two sons from her husband (petitioner). The victim girl has also disclosed her age to be 19 years, whereas, the Medical Board has assessed her age between 19-20 years. Petitioner has got clean antecedent and is in custody since 10.06.2021. Investigation is complete.
Patna High Court CR. MISC. No.58721 of 2021(2) dt.04-02-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances as well as statement of the victim girl recorded under Section 164 Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Special Judge (POCSO Act), Darbhanga / concerned court in connection with Sadar P.S. Case No. 15 of 2019.
(Prabhat Kumar Singh, J) anay/- U T