Vikash Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53730 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Vikash Mahaldar Son Of Suraj Mahaldar @Surynarayan Mahaldar Resident Of Village- Kamalpur, Ps- Pirpainti Harinkol, Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366(A), 376 of the Indian Penal Code and Section 4 of the POCSO Act.

3. The allegation against the petitioner along with other is of abducting the minor daughter of the informant for the purpose of solemnization of marriage with her.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has been recovered and her statements have been recorded u/s 161 and 164 of the Cr.P.C. From the perusal of the statement recorded u/s 164 of the Cr.P.C., it appears that no force has been used by the

Patna High Court CR. MISC. No.53730 of 2023(4) dt.31-10-2023 2/2 petitioner in respect of taking away the victim and the victim further stated that she solemnized marriage with this petitioner in a temple. There is a major contradiction between the statements of the victim recorded u/s 164 and 161 of the Cr.P.C. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 7th-cum-Special Judge (POCSO), Bhagalpur in connection with Pirpainti P.S. Case No. 128 of 2023. (Sunil Kumar Panwar, J) Arish/- U T