Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10091 of 2022 Arising Out of PS. Case No.-238 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== SANTOSH MAHTO Son of Bhoj Mahto Resident of Village- Mangalpur, P.S.- Ramgarhwa,District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Pankaj, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code.

It is a case of rape of the victim by co-accused Avinash Kumar Singh.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that main allegation of committing rape is against co-accused Avinash Kumar Singh who has been acquitted after conducting the trial by the trial Court and only allegation against the petitioner is that he caught hold the hands

Patna High Court CR. MISC. No.10091 of 2022(2) dt.24-08-2022 2/2 of the victim at the time of occurrence but the victim has denied the allegation in toto in her evidence given during trial. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Raxaul, Motihari in connection with Ramgarhwa P.S. Case No. 238 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T