Patna High CourtCR. MISC./5414/2018bail granted

Mintu Mishra And ANR v. The State Of Bihar

2018-02-01Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.5414 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5414 of 2018 Arising Out of PS.Case No. -200 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Mintu Mishra, S/o Late Indradeo Mishra,

2. Kisimish Mishra @ Sonu Kumar S/o Dilip Mishra, Both R/o VillageTilakpur, P.S.- Sultanganj, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are in custody since 25.11.2017 in connection with Sultanganj P.S. Case No. 200 of 2017 for the offence registered under Sections 363, 365, 354/34 of the Indian Penal Code and Sections 8 and 12 of POCSO Act. It is alleged that the petitioner no. 1 came and took away the victim girl, and thereafter, the petitioner no. 2 came and started touching her cheek, and thereafter, they kept her in the field of Bazra and went away leaving her as it had started raining. It is further submitted that the entire case is mischievous and has been leveled against the petitioner on account of land dispute and village politics. It is further submitted that no case under Sections 8 and 12 of the POCSO Act has been made out against the petitioners. It is further submitted that the victim girl has made contradictory statement at various points of time.

Patna High Court Cr.Misc. No.5414 of 2018 (2) dt.01-02-2018 Considering the aforesaid facts and circumstances of the case and that the petitioners have no criminal antecedents, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Bhagalpur in connection with Sultanganj P.S. Case No. 200 of 2017 corresponding to G.R. No. 2846 of 2017. (Anjana Mishra, J) Jagdish/- U T