Mahendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21745 of 2016 Arising Out of PS.Case No. -130 Year- 2014 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Mahendra Mahto Son of Raghubir Mahto Resident of village - Narwara, Police Station Baruraj, District - Muzaffarpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrests in a case instituted under Sections 302, 376, 120B, 326 and 324 of the Indian Penal Code and later on Sections 201 of the Indian Penal Code and 6, 7, 8, 10, 12, 18 and 21 of the POCSO Act have been added.

Allegation against the petitioner is that his son had ill motive upon the daughter of the informant and she was murdered after committing rape by the son of the petitioner including other accused persons.

It is submitted on behalf of the petitioner that he has got no criminal antecedent. Petitioner has been made accused for the reason that his son had love affair with the deceased. Except for suspicion there is no other material against him. There is no eye witness to the occurrence nor there is any circumstantial evidence to suggest implication of the petitioner in the present case. On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.21745 of 2016 (2) dt.27-06-2016 2/2 above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur, in connection with Baruraj P.S. Case no. 130 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T