Dinesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52754 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Dinesh Mahto Son of Basho Mahto Resident of Village - Gagri, P.S.- Sheikhpura, District - Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sheikhpura Mahila P.S. Case No. 25 of 2019 arising out of POCSO Case No.15 of 2019 registered for the offences punishable under Sections 363, 366(A), 323, 504, 506/34 of the Indian Penal Code and section 08 of POCSO Act. The allegation in the present case is regarding the son of the petitioner namely Amarjeet having kidnapped the victim girl and thereafter he is said to have kept the victim girl in confinement for one month.

Learned counsel for the petitioner submits that a bare perusal of the statement of the victim girl made under section 164 Cr.P.C. before the learned Magistrate would show that the

Patna High Court CR. MISC. No.52754 of 2019(3) dt.20-11-2019 2/2 victim girl has stated that the accused persons had neither misbehaved with her, nor had committed any untoward incident with her, nor the son of the petitioner had forcefully married her. It is further submitted that the son of the petitioner is already in custody, hence no prejudice would be caused to the prosecution in case the petitioner, who happens to be the father of the main accused namely Amarjeet, is granted bail. The petitioner is stated to be having a clean antecedent and he is languishing in custody since 12.07.2019.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on regular bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of Learned 1st Additional District and Sessions Judge, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 25 of 2019 arising out of POCSO Case No.15 of 2019. (Mohit Kumar Shah, J) mdrashid/- U T