Tom Mathew @ T. Mathew v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56695 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Tom Mathew @ T. Mathew son of late Mathew, resident of village - Kuravilanged, PS-Kuravilanged, District Kothayam, (Keral) at present Principal, St. Peter's School Navtolia, P.S. and District-Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Adv. For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Madhepura Police Station Case No. 421 of 2017 registered for offence punishable under section 376 of the Indian Penal Code and section 4 of the POCSO Act.

The allegation, as per fardbeyan of victim, is that this petitioner committed rape on her. The petitioner happens to be a Teacher in St. Peter's School. She used to prepare food for this petitioner in the said school and in absence of his wife, he committed crime. The victim of this case is student of class-V aged about 13 years. The trial of this case is in progress and statement of victim has been recorded. The victim has supported the allegation of rape but by different person. The case is

Patna High Court Cr.Misc. No.56695 of 2017 (2) dt.13-12-2017 2/2 likely to be concluded as per statement of learned counsel for the petitioner.

Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

(Sanjay Kumar, J) Mahesh/- U T