Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83290 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== Rajesh Mahto Son Of Sarif Mahto @ Shrilal Mahto @ Shreelal Mahto R/O Ramauli, P.S.- Bahera, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 366(A), 504, 506/34 of the Indian Penal Code. It is a case of commission of kidnapping of the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she of her own good-will eloped

Patna High Court CR. MISC. No.83290 of 2023(2) dt.05-01-2024 2/2 with the petitioner and solemnized marriage with him. The victim confirmed her age as 19 years at the time of marriage. The petitioner is languishing in custody since 04.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act), Darbhanga in connection with Bahera P.S. Case No. 32 of 2022(POCSO GR-64/23). (Sunil Kumar Panwar, J) Shageer/- U T