Ganesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6859 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Ganesh Mahto Son Of Late Baleshwar Mahto Resident Of Village- Bahadur Chak, P.S.- Mohiuddin Nagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mohiuddin Nagar P.S. Case No. 213 0f 2021 dated 23.09.2021, registered for the offences punishable under Section 376 of the Indian Penal Code and section 4 of the Protection of Children from Sexual Offences Act, 2012. The prosecution story as emerges from FIR is that when the daughter of the informant went for the natural call outside her house, the accused-petitioner caught and ravished her.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6859 of 2022(3) dt.13-12-2022 2/3 the petitioner is innocent and has falsely been implicated in this case. He further submits that the description of the post-mortem report does not suggest any alleged occurrence. He also submits that as per the medico-legal report, no-one can alleged that the accused-petitioner has ravished the alleged victim. He further submits that investigation in this case is complete and charge-sheet has already been submitted. Even charge has been framed and trial is going on.

The petitioner has been languishing in jail since 24.09.2021.

It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedents.

However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the alleged victim is minor and medico-legal report suggests that sexual relationship was established with

Patna High Court CR. MISC. No.6859 of 2022(3) dt.13-12-2022 3/3 alleged victim, though there is no such conclusive proof to know that the accused/petitioner has complicity in this alleged offence.

Considering the aforesaid facts and circumstances, particularly the material on record, I am not persuaded to enlarge the petitioner on bail at this stage. The application stands rejected accordingly.

However, if the trial is not concluded in the next one year, the petitioner may renew his prayer for bail. The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ramesh/- U T