Patna High CourtCR. MISC./20173/2024bail rejected

Munna Mahto v. The State Of Bihar

2024-08-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20173 of 2024 Arising Out of PS. Case No.-35 Year-2021 Thana- MAHILA P.S. District- Vaishali ====================================================== MUNNA MAHTO Son of Rajgir Mahto Resident of Chak Singar, P.S.- Juravanpur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Yadav For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 35 of 2021 dated 20.10.2021 registered for the offence/s punishable u/s 376(AB) of the Indian Penal Code and section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no eyewitness to the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail

Patna High Court CR. MISC. No.20173 of 2024(3) dt.07-08-2024 2/2 petition. The petitioner is in custody since 17.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that as per the medical report, the victim is a minor girl and the age of the victim is about 14-16 years and the sexual assault had taken place. As per the statement of the victim recorded u/s 164 of the Cr.P.C., there is specific allegation against the petitioner for committing rape on her.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner , I am not inclined to enlarge the petitioner on bail.

7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T