Sugan Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12817 of 2020 Arising Out of PS. Case No.-373 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== SUGAN MAHATO, aged about 30 years, Male, son of Late Deonath Mahato, Resident of Village - Ratanmala, P.S. - Majhauliya, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-10-2020 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State through Virtual Court Proceeding.

In this case, the petitioner is seeking regular bail in connection with Majhauliya P.S. Case No.373 of 2018, registered for the offence under section 376 of the Indian Penal Code, later on, changed into Section 376(D) of the Indian Penal Code and under Section 4, 5(2) of the POCSO Act and chargesheet submitted under Section 376, 323, 341 and 504/34 of the Indian Penal Code.

Allegation has been made that three persons including this petitioner has committed sexual assault upon the victim.

Patna High Court CR. MISC. No.12817 of 2020(8) dt.13-10-2020 2/2 The victim in her statement recorded under Section 164 of the Cr.P.C. has taken the name of this petitioner. The medical report suggest that there is no sign of recent sexual assault and the age of the victim has been assessed 19-20 years. Considering the statement of the victim recorded under Section 164 of the Cr.P.C., this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, the petitioner will be at liberty to renew his prayer for bail after examination of the victim. The Court below is directed to examine the victim as next witness or next-to-next witness within a period of three months from the date of receipt/production of a copy of this order.

(Shivaji Pandey, J) pawan/- U T