Mithun Kumar @ Mithun Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61771 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- LODIPUR District- Bhagalpur ====================================================== Mithun Kumar @ Mithun Sah Son Of Sri Shiv Sah Resident Of Miranchak Usta, P.S- Lodipur, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 23.02.2023 in connection with Lodipur P.S. Case No. 22 of 2023, F.I.R. dated 02.02.2023 for the offences punishable under Sections 366A of the Indian Penal Code along with Section 8 of the POCSO Act.
3. According to prosecution case, the daughter of the informant is alleged to have been abducted.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R., is false and fabricated and he has not committed any offence. Further more, the victim was
Patna High Court CR. MISC. No.61771 of 2023(2) dt.25-09-2023 2/3 recovered and her statement was recorded under Section 161 and 164 of the Cr.P.C., in which she has categorically stated that she was in love with the petitioner and has performed marriage with the him at Jodhpur. But during investigation/examination, she has refused for her medical examination. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 23.02.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner and it has come during investigation that the victim was minor but fairly submits on the basis of material available on record that the victim has refused for her medical examination. He further submits that she has categorically stated that she has performed the marriage with the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge - 6th -cum- Special Court of POCSO Act, Bhagalpur, in connection with Lodipur P.S. Case No. 22 of
Patna High Court CR. MISC. No.61771 of 2023(2) dt.25-09-2023 3/3 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Aditi U T