Patna High CourtCR. MISC./57338/2023allowed

Mithilesh Kumar @ Mithilesh Kumar Ram v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57338 of 2023 Arising Out of PS. Case No.-461 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== Mithilesh Kumar @ Mithilesh Kumar Ram Mahendra Ram R/O- VillagePairdomania, P.S.- Shahkund, Dist- Bhagalpur. ... ... Petitioner/S

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal :

Mr.Pravin Kumar Sinha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 376, 341, 323, 506, of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per FIR, the informant alleged that the petitioner on false pretext of marriage established physical relation with her due to which she became pregnant. Thereafter he denied to perform marriage.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.57338 of 2023(5) dt.02-12-2023 2/2 present case due to ulterior motives. From perusal of the impugned order, it appears that the victim is aged about 18 years and there is consensual relation between the parties. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.05.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shahkund P.S. Case No. 461 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO-cum-7th Additional District and Sessions Judge, Bhagalpur.

(Sunil Kumar Panwar, J) lata/- U T