Patna High CourtCR. MISC./48445/2025bail granted

Shivshankar Kumar @ Shivshankar Pandit v. The State Of Bihar

2025-07-30Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48445 of 2025 Arising Out of PS. Case No.-65 Year-2024 Thana- BHAGWANGANJ District- Patna ====================================================== Shivshankar Kumar @ Shivshankar Pandit S/o Mohan Pandit, Resident of Village - Belaganj, (Hanuman Nagar), P.S. - Belaganj, District - Gaya ... ... Petitioner/s

Versus

The State of Bihar 2.

Ramdayal Mahto S/o Late Devlal Mahto R/o Vill- Kharauna, P.S.- Bhagwanganj, Distt- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner has filed supplementary affidavit in the Court today, which is kept on record.

3. The petitioner seeks bail in connection with Spl. (POCSO) Case No. 287 of 2024 arising out of Bhagwanganj P.S. Case No. 65 of 2024 dated 10.05.2024 instituted for the offence punishable under Sections 363, 365 of the Indian Penal Code and Section 8 & 12 of the POCSO Act.

4. The prosecution case, in short, is that the daughter of the informant used to go to the house of his co-villager,

Patna High Court CR. MISC. No.48445 of 2025(2) dt.30-07-2025 2/3 namely, Dharmendra Kumar to learn stitching. On 09.05.2024, she made a phone call to her father and said that she would not return today to house as she had come to Mandebigha in birthday party of her friend and thereafter her phone was found switched off. The informant searched her daughter a lot but she could not be traced.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the victim girl has stated in her statement recorded under Section 183 B.N.S.S. that she went with the petitioner with her own will and on 11.05.2024, she returned to home and she does not want to pursue this case. There is no whisper of sexual assault against the petitioner. Learned counsel for the petitioner further submits that due to intervention of friends and well-wishers of both parties, all disputes have been settled between both the parties and the informant and victim do not want to pursue this case further and in this regard, a compromise petition has been filed before the concerned court. Lastly, it has been submitted that the petitioner is in custody since 04.06.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.

6. Learned A.P.P. for the State opposed the prayer for

Patna High Court CR. MISC. No.48445 of 2025(2) dt.30-07-2025 3/3 bail of the petitioner.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-VII -cum- Spl. Judge, POCSO, Patna in connection with Spl. (POCSO) Case No. 287 of 2024 arising out of Bhagwanganj P.S. Case No. 65 of 2024.

(Khatim Reza, J) premchand/- U T