Mithlesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59724 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- DARPA District- East Champaran ====================================================== Mithlesh Sahani Son Of Rajdev Sahani Resident Of Village - Bagahi, P.S. - Darpa, District - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

As per allegation in the FIR, daughter of the informant went to attend call of nature and did not return. A search was came and during search family members of the victim came to know that petitioner had abducted her. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There was love affair between the petitioner and daughter of the informant. Statement of the victim girl has got

Patna High Court CR. MISC. No.59724 of 2023(2) dt.08-09-2023 2/2 recorded in which she has stated that out of her own sweet will, she has eloped from her house and performed marriage with the petitioner. She has not raised any finger against the petitioner for any offence. Presently she is living in her matrimonial home and she has a child. Petitioner has no criminal antecedent and he is languishing in judicial custody since 7.7.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 7th Additional Sessions Judge-cum-Spl. Judge, POCSO, Motihari, East Champaran in connection with Darpa P.S. Case No. 72 of 2022.

(Sunil Kumar Panwar, J) sushma/- U