Patna High CourtCR. MISC./61714/2023allowed

Pankaj Mahto v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61714 of 2023 Arising Out of PS. Case No.-240 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Pankaj Mahto S/O Jai Kishun Mahto R/O Village- Pirauchha, P.S- Benibad, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 sections 363, 366, 366(A) of the Indian Penal Code.

3. According to the prosecution, the petitioner is alleged to have abducted the minor daughter of the informant at the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of impugned order, it appears that the victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C.,

Patna High Court CR. MISC. No.61714 of 2023(2) dt.15-09-2023 2/2 wherein, she did not support the prosecution version and stated that she went from her home with the petitioner and solemnized marriage with home out of her own sweet will. She further stated that they are residing in Delhi as husband and wife. The petitioner has got no criminal antecedent and languishing in judicial custody since 15.7.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Kusheshwar Asthan P.S. Case No. 240 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Act, Darbhanga.

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