IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68798 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- CHHABILAPUR District- Nalanda ====================================================== Sachchidanand Kumar @ Munna Mistri, Son of Late Ramlakhan Mistri, R/o Dogi Gorour, P.S.- Chabilapur, District - Nalanda. ... ... Petitioner/s Versus 1. The State of Bihar 2. Kishori Mahto, Son of Late Munni Mahto, R/o - Dogi, P.O.- Gorour, P.S.- Chabilapur, Dist.- Nalanda. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mohit Raj, Advocate For the Opposite Party/s : Mr.Arun Kumar Pandey, APP For the Informant : Mr. Pramod Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 27-01-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2. The petitioner has prayed for bail in connection with Chabilapur P.S. Case No. 63 of 2024 registered for the offence punishable under Sections 363, 365, 376 and 34 of the Indian Penal Code and Sections 4/6 of the POCSO Act. 3. The case of the prosecution is that on 15.05.2024 at about 7:00 P.M., the minor daughter of the informant has come to attend the call of nature. when she did not return for a considerable time, all the family members started searching her. The mobile number of the victim is given in the F.I.R. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no Patna High Court CR. MISC. No.68798 of 2024(4) dt.27-01-2025 2/3 offence. He has been falsely implicated in this case. It is further submitted that the coccurrence is of 15.05.2024 whereas the F.I.R. was filed on 24.05.2024 i.e. after laps of 9 days. During couse of investigation, the victim was recovered. She has given her statement under Sections 164 and 161 of the Cr.P.C. In her statement under Section 164 of the Cr.P.C., she has stated that she was knowing Chhotu Kumar. On the date of the occurrence when she has gone to ease herself, Chhotu Kumar gagged her mouth and boarded her on a bike. From there, Chhotu Kumar took her to Nalanda and there kept her in the hosue of Munna Mistri (Petitioner). It is further alleged that at the house of this petitioner, Chhotu established physical relation with her. In her statement under Section 161 of the Cr.P.C., she has stated that Chhotu and Munna Mistri both have taken her away. She has also given her statement before doctor while undergoing her medical examination where she has stated that Chhotu and Munna forcefully boarded her on a bike and she was taken to the hosue of a carpenter. The statment of the victim was taken under Section 164 of the Cr.P.C. on 27.05.2024 whereas her statement before doctor was taken on 25.05.2024 and her statement was taken under Section 161 of Cr.P.C. on 24.05.2024. There is variance in her statement regarding involvement of this petitioner. Only a role attributed to this petitioner in her statement is that she was kept at his house. Patna High Court CR. MISC. No.68798 of 2024(4) dt.27-01-2025 3/3 The learned counsel for the petitioner has submitted that the petitioner is resident of the same village and his house is also in the same village whereas the occurrence has taken place 30 K.M. away from the village. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 25.06.2024. 5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Chabilapur P.S. Case No. 63 of 2024. lata/- (Ashok Kumar Pandey, J) U T