Madan Mahto Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Madan Mahto Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Enlargement of the petitioner Madan Mahto on bail upon furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Motihari, East Champaran, in connection with Adapur P.S. Case No. 69 of 2023.

Issue for consideration

Whether the petitioner Madan Mahto should be granted regular bail in connection with Adapur P.S. Case No. 69 of 2023, registered for offences punishable under sections 341, 323, 504, 363, 366A/34 of the Indian Penal Code and section 8 of the POCSO Act.

Court's answer

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

Detailed headnote1 paragraphs

Regular bail granted (application allowed) by oral order dated 25-06-2024 of the High Court of Judicature at Patna, Criminal Miscellaneous No.84423 of 2023, coram Chandra Prakash Singh, J., to petitioner Madan Mahto (s/o late Chhadri Mahto, Adapur, East Champaran) in connection with Adapur P.S. Case No. 69 of 2023 dated 08.03.2023, registered for offences punishable under sections 341, 323, 504, 363, 366A/34 of the Indian Penal Code and section 8 of the POCSO Act. Per the prosecution case, the petitioner and co-accused persons are alleged to have kidnapped the minor daughter of the informant under conspiracy, and the informant was abused and assaulted at the petitioner's house. Petitioner's counsel argued innocence, false implication because the petitioner is the father of co-accused Anuj Kumar, absence of recovery from conscious possession, the victim's u/s 164 Cr.P.C. statement indicating she solemnised marriage with her own consent, clean antecedents and custody since 20.07.2023; the A.P.P. opposed. Considering the facts, circumstances and period of custody, the court enlarged the petitioner on bail on a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Motihari, East Champaran.

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

5 25-06-2024

Heard learned counsel for the petitioner and learned A.P.P for the State.

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.

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.

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.

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

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.

The application stands allowed.

(Chandra Prakash Singh, J)

Ranjeet/- U T