Madan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84423 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Madan Mahto SON OF LATE CHHADRI MAHTO R/O VILLAGGULARIYA, P.S.- ADAPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rishabh Mishra For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Adapur P.S. Case No. 69 of 2023 dated 08.03.2023 registered for the offences punishable under sections 341, 323, 504, 363, 366A/34 of the Indian Penal Code, section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant under conspiracy. When the informant went to the house of the petitioner, he was abused and assaulted by the accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.84423 of 2023(5) dt.25-06-2024 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has been made accused in this case because he is the father of the co-accused namely Anuj Kumar. The statement of the victim recorded u/s 164 Cr.P.C. submits that she solemnized marriage with the accused person with their own consent. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Adapur P.S. Case No. 69 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T