Umesh Kumar Mahto @ Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15705 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- TIKAPATTI District- Purnia ====================================================== Umesh Kumar Mahto @ Umesh Mahto Son of Ram Raj Mahto Resident of Village- Barghariya Tola, P.S.- Tikapatti, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Tikapatti PS case no. 101 of 2018 registered for the offence punishable under Sections 376/34 of Indian Penal Code. The allegation is regarding the petitioner and one other co-accused person namely Randhir Mahato having confined the victim lady to her room and while the petitioner was standing at the door of the house of the victim girl, co-accused Randhir Mahato had committed rape with the victim girl.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and there is no allegation against the petitioner herein of

Patna High Court CR. MISC. No.15705 of 2019(2) dt.26-03-2019 2/2 committing any rape with the victim girl as is apparent from the statement made by the victim lady under Section 164 Cr.P.C. before the learned Judicial Magistrate-1st class, Purnea, hence there is no complicity of the petitioner in the alleged crime. It is further submitted that the petitioner is having clean antecedent and he is languishing in custody since 21.12.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st -cum-Special Judge (POCSO) Act, Purnea in connection with Tikapatti PS case no. 101 of 2018. (Mohit Kumar Shah, J) rinkee/- U T