Allowed¶24

Niranjan Mahto @ Niranjan Kumar v. The State of Bihar

Patna HC2 Apr 2025CR. MISC./744/2025

Case brief

AI extract

What is this about?

regular bail; POCSO Act Section 8; IPC Section 366A read with Section 34; kidnapping of minor for marriage; Muffasil P.S. Case No. 153 of 2022; West Champaran; Bettiah; FIR delay (occurrence 27.02.2022, FIR 01.03.2022); Section 164 Cr.P.C. victim statement; denial of kidnapping; compromise between parties; custody since 25.11.2024; bail-bond Rs.20,000 with two sureties; Patna High Court; CR. MISC. No.744 of 2025; Chandra Prakash Singh, J.

What did the court decide?

Petitioner 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 the learned Court concerned, West Champaran, Bettiah, in connection with Muffasil P.S. Case No. 153 of 2022. ¶24

Niranjan Mahto @ Niranjan Kumar Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused in Muffasil P.S. Case No. 153 of 2022 for offences punishable u/s 366A read with Section 34 of the Indian Penal Code and Section 8 of the POCSO Act, should be granted regular bail.

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Court's answer

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner 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 the learned Court concerned, West Champaran, Bettiah, in connection with Muffasil P.S. Case No. 153 of 2022.

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Ratio / Principle

The bail application stands allowed.

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Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J), oral order dated 02-04-2025 in Criminal Miscellaneous No.744 of 2025 — Regular bail granted. Petitioner Niranjan Mahto @ Niranjan Kumar, accused in Muffasil P.S. Case No. 153 of 2022 (Distt. West Champaran) for offences punishable u/s 366A read with Section 34 IPC and Section 8 of the POCSO Act, alleged to have kidnapped the informant's minor daughter for the purpose of marriage, was 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, considering the facts and circumstances of the case and the period of custody (in custody since 25.11.2024). Defence submissions recorded: delay in lodging the F.I.R. (occurrence 27.02.2022; F.I.R. 01.03.2022), compromise between the parties, and the victim's statement recorded u/s 164 Cr.P.C. not supporting the prosecution story and denying kidnapping. Learned A.P.P. for the State and counsel for the informant opposed the petition. Application stands allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.744 of 2025

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Arising Out of PS. Case No.-153 Year-2022 Thana- MUFFASIL District- West Champaran

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======================================================

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NIRANJAN MAHTO @ NIRANJAN KUMAR S/O LATE BISHUN MAHATO R/o vill - Shekhawana Math, Patwari Tola, ward no. 46, P.s. - Muffasil Bettiah, Distt.- West Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Ranju Devi W/o Binod Mukhiya R/o vill - Baidhnathpur, P.S. - Muffasil Bettiah, Distt.- West Champaran

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Adv. For the Respondent No. 2 : Mr. Anant Kumar Mishra, Adv. For the State : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 02-04-2025

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

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2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 153 of 2022 dated 01.03.2022 registered for the offences punishable u/s 366A read with Section 34 of the Indian Penal Code and Section 8 of the POCSO Act.

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3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. It is further alleged that the family members of the petitioner are also involved in the kidnapping of

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Patna High Court CR. MISC. No.744 of 2025(2) dt.02-04-2025 2/3

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the victim girl.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 27.02.2022 but the F.I.R. was lodged on 01.03.2022 and there is no explanation for this delay. Learned counsel has further submitted that the compromise has taken place between the parties. The victim in her statement recorded u/s 164 of the Cr.P.C. has also not supported the prosecution story and denied the factum of kidnapping and she has also stated that she went with the petitioner on her own sweet will and solemnized her marriage as stated in para 10 of the bail petition. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.11.2024.

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5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

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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

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Patna High Court CR. MISC. No.744 of 2025(2) dt.02-04-2025 3/3

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the like amount each to the satisfaction of learned Court concerned, West Champaran, Bettiah in connection with Bettiah

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Muffasil P.S. Case No. 153 of 2022.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-