Karu Mahto @ Dharmendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15186 of 2020 Arising Out of PS. Case No.-11 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== KARU MAHTO @ DHARMENDRA MAHTO Son of Late Hriday Mahto @ Hriday Narayan Singh @ Herday Narayan Singh Resident of Village - Sachai, P.S.- Kurhta, District - Arwal ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh For the Opposite Party/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence under Sections 376 of the Indian Penal Code along with Section 4 of the POCSO Act and also Sections 3(i) (w) of the SC/ST Act.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there is land dispute between the parties and on account of the same, this petitioner has falsely been implicated in this case. Moreover, the parties have settled their case by way of compromise which is evident from Annexure-3. As a matter
Patna High Court CR. MISC. No.15186 of 2020(2) dt.04-03-2020 2/2 of fact, the wife of the petitioner has also lodged a case for the offence that her husband was found in unconscious position in the house of the informant which is evident from Annexure-4. Further, according to medical report, the age of the victim was found to be of 18 years and no external and internal injury has been found on the person of the victim which is clearly evident from Annexure-5. The petitioner is rotting in judicial custody since 20.01.2020. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st, Jehanabad in connection with Mahila (Arwal) P.S. Case No. 11 of 2019. (Arvind Srivastava, J) Brajesh/- U T