Ramu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12784 of 2020 Arising Out of PS. Case No.-514 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== RAMU MAHTO, aged about 20 years (M), Son of Late Paras Mahto, Resident of Village-Ruphara, P.S.-Shikarganj, District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mr.Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 354(B)/34 of the IPC and 8, 12 of the POCSO Act.

The prosecution story, in brief, is that on 05.11.2019, while the informant's daughter, namely, Shayra Khatoon, aged 13 years, was sleeping in her room alone, then Ramu Mahto (petitioner) and two unknown persons entered into the house from back door, and took away her daughter in an Orchard with intention to commit rape, but on the sound of crying of his daughter, the informant and villagers caught Ramu Mahto (petitioner) and going to hand over to the police, but villagers decided to solve the dispute through Panchayati but Ramu

Patna High Court CR. MISC. No.12784 of 2020(2) dt.05-03-2020 2/2 Mahto (petitioner) did not come in the Panchayati. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 28.11.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The informant and the victim have made an application before the learned court below where they retracted from their earlier statement made in the F.I.R. annexed as Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge-cum-Special Judge at Motihari, East Champaran in connection with Chiraiya P.S. Case No. 514 of 2019.

(Sudhir Singh, J) U.K./- U T