Patna High CourtCR. MISC./2363/2024allowed

Mahesh Saday @ Mahesh Sadai v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2363 of 2024 Arising Out of PS. Case No.-136 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Mahesh Saday @ Mahesh Sadai S/O- Chhote Saday @ Chhotey Sadai R/OVillage- Panta, P.S.- Sadar, Dist.- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 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(A), 504, 506/34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. According to the prosecution case, the petitioner is said to have abducted the minor daughter of the informant on 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. It is further submitted that the victim girl was recovered who was produced before court

Patna High Court CR. MISC. No.2363 of 2024(2) dt.31-01-2024 2/2 below as PW-4 and she stated that she herself went from his house and solemnized marriage with the petitioner. She further stated that he present case was mistakenly lodged by her mother. It is further submitted that the petitioner is languishing in judicial custody since 5.8.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar (Sonki OP) P.S. Case No. 136 of 2022 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), Darbhanga.

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