Bechan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29343 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -PUSA District- SAMASTIPUR ====================================================== Bechan Mahto S/o Khakharu Mahto Resident of Village- Dharmagatpur Bathua, P.S.Pusa, District Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suneil Kumar Thakur, Advocate. For the Opposite Party/s : Smt. Meena Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Pusa P.S. Case No. 30 of 2017 registered under Section 377 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act (POCSO Act).
The petitioner is said to have committed unnatural offence against the son of the informant taking him in the orchard. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. He has been falsely implicated in this case. No occurrence as alleged has ever taken place. As a matter of fact, the case has been filed out of sheer misunderstanding. The doctor has not
Patna High Court Cr.Misc. No.29343 of 2017 (2) dt.01-07-2017 2/2 found any mark of injury like tear, abrasion, bruise or any other external injury on anal skin region. The petitioner has been languishing in custody since 24.04.2017.
Considering the facts aforesaid, the above named petitioner 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-1st/A.D.J. 1st, Samastipur in connection with Pusa P.S. Case No. 30 of 2017.
(Prakash Chandra Jaiswal, J) Mishra/- U T