Kapil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47853 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -KHANPUR District- SAMASTIPUR ====================================================== Kapil Mahto Son of Late Siyasharan Mahto, resident of Village- Buzurg Dwar, P.S.- Khanpur, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Khanpur P.S. Case No.52 of 2017, registered under Section 376 of the Indian Penal Code as well as under Sections 3/4 of the POCSO Act.

Allegation is that in the agricultural field, the petitioner committed rape upon the prosecutrix. Learned counsel for the petitioner submits that the allegation of rape cannot be believed as the close family members of the prosecutrix were nearby the field. Moreover this case is lodged after delay of 5-6 days without any reason and there is no sign of external or internal injury or any sign of rape and the petitioner is in custody since 15.05.2017.

Patna High Court Cr.Misc. No.47853 of 2017 (6) dt.24-01-2018 2 /2 Having considered the said facts and circumstances, petitioner Kapil Mahto is directed to 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 1st Additional District & Sessions Judge, Samastipur in connection with Khanpur P.S. Case No.52 of 2017, giving rise to T.R. No.18 of 2017.

(Arun Kumar, J.) S.Kumar/- U T