Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3028 of 2019 Arising Out of PS. Case No.-373 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Suresh Mahto S/o Late Ram Govind Mahto Resident of Village- Ratanmala, P.S.- Majhaulia, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-01-2019 Heard both sides.

The petitioner apprehends his arrest in Manjhaulia P.S. case No. 373 of 2018 registered under Section 376 of the Indian Penal Code and under Section 4, 5(g) of POCSO Act. The victim made allegation that Sugan Mahto, Dhanilal Mahto and Pradeep Mahto committed rape with her one by one. When the victim raised alarm, Sugan Mahto was apprehended by the villagers but Sudama Mahto, Suresh Mahto, the petitioner, and Bhikhari Mahto came and took away Sugan Mahto from the custody of villagers.

The learned counsel for the petitioner submits that there is no allegation of outraging the modesty of the victim against the petitioner. The petitioner and two others are alleged to have helped Sugan Mahto in escaping from the custody of

Patna High Court Cr.Misc. No.3028 of 2019(2) dt.23-01-2019 2/2 villagers. Similarly situated accused Sudama Mahto has already been granted anticipatory bail vide order passed in Cr. Misc. No. 76681 of 2018. The case of petitioner stands on the same footing.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cumSpecial Judge, Bettiah, West Champaran, in connection with Manjhaulia P.S. case No. 373 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T