Mukesh Murmu @ Talo Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63164 of 2024 Arising Out of PS. Case No.-332 Year-2024 Thana- AMARPUR District- Banka ====================================================== Mukesh Murmu @ Talo Murmu Son of Shyam Lal Murmu @ Dukhan Murmu Resident of Budwabathan, P.S. - Fullidumar, District- Banka ... ... Petitioner

Versus

1.

The State of Bihar 2.

Mohanlal Hembram Son of Bhado Hembram Resident of Budwabathan, P.S. - Fullidumar, District- Banka ... ... Opposite Partys ====================================================== Appearance :

For the Petitioner :

Mr. Rajib Ranjan Jha, Advocate For the Opposite Party :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amarpur (Fullidumar) P.S. Case No. 332/2024 dated 27.05.2024 registered for the offence punishable u/s 366A of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.63164 of 2024(2) dt.24-09-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the petitioner and the victim for about two years. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she solemnized marriage with the petitioner in the temple and she wanted to live as husband and wife. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Amarpur (Fullidumar) P.S. Case No.

Patna High Court CR. MISC. No.63164 of 2024(2) dt.24-09-2024 3/3 332/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T