Santosh Mahto @ Santosh Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5187 of 2024 Arising Out of PS. Case No.-29 Year-2023 Thana- SC/ST BETTIAH District- West Champaran ====================================================== Santosh Mahto @ Santosh Kumar Kushwaha S/O Mahabir Mahto VillageMahediya, Ward No. 2, Ps. Chanpatiya, Dist. West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Devi W/O Chokat Ram Village- Mahediya, Ward No. 2, Ps. Chanpatiya, Dist. West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard Sarvesh Kashyap, learned counsel for the petitioner, informant and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 376, 511, 504, 506 of the Indian Penal Code, Section 8/12 of the POCSO Act and Sections 3(i)(r)(s)(w), 3(2)(va) of the SC/ST Act.

3. Petitioner is said to have wrong act with the victim when she was coming from the shop.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner and the informant are

Patna High Court CR. MISC. No.5187 of 2024(5) dt.15-05-2024 2/2 neighbors and there is land dispute pending between them. He submits that there is no allegation against the petitioner to abuse the informant by taking caste name. He submits that medical report of the victim is not available on record. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and informant opposing the prayer for bail submit that the victim is the minor and some witness has supported the prosecution case.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with SC/ST P.S. Case No. 29 of 2023.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T