Mahesh Kumar @ Mahesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59140 of 2017 Arising Out of PS. Case No.-160 Year-2015 Thana- MAHESI District- Saharsa ====================================================== Mahesh Kumar @ Mahesh Kumar Sah S/o Banarsi Sah, R/o VillageMahisarho, P.S.- Mahishi, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv & Ms. Monika, Adv For the Opposite Party/s :

Mrs. SUMAN KUMARI SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The Petitioner seeks bail in POCSO Case No. 03 of 2016(S) arising out of Mahishi P.S. Case No. 160 of 2015 registered for the offence punishable under Sections 363, 366(A) and 376 of the Indian Penal Code and Section 4 of the POCSO Act.

The allegation against the petitioner is of taking away the victim girl on the pretext that his father was arrested by the police and she took Rs. 10,000/-and accompanied them, but thereafter they snatched the money and they took the victim girl to Jaipur where she was kept for 6 to 7 months. Co-accused

Patna High Court Cr.Misc. No.59140 of 2017(2) dt.12-01-2018 2/2 Ranjeet Kumar was also with them and he proposed to marry her and she lived with co-accused Ranjeet Kumar for 6 to 7 months and Ranjeet Kumar dropped her to Saharsa Station and thereafter she reached home.

It has been submitted on behalf of the petitioner that similarly situated co-accused person Umesh Kumar has been granted bail by a co-ordinate of this Court by order dated 20.05.2016 passed in Criminal Miscellaneous No. 15334 of 2016. The petitioner has got no criminal antecedent and is in custody since, 13.10.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Saharsa in connection with POCSO Case No. 03 of 2016(S) arising out of Mahishi P.S. Case No. 160 of 2015.

(S. Kumar, J) ranjan/- U