Sipahi Mahto @ Rakesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69392 of 2018 Arising Out of PS. Case No.-462 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== Sipahi Mahto @ Rakesh Mahto, S/o Bindhyachal Mahto, Resident of Dhum Nagar, Kachahari Tola, P.S.- Nautan (Jagdishpur), District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Nautan P.S. Case No.462 of 2018 instituted for the offence under Section(s) 365, 366, 366A/34 Indian Penal Code and Section 8 of the POCSO Act. Counsel for the petitioner submits that victim girl on her recovery has given statement under Section 164 Cr.P.C. stating that she was in love with this petitioner. She has performed marriage with him. She has stated her age as 18 years and the Court has assessed her age as 16 years. The victim was examined medically, wherein, her age has been assessed as 1719 years. Petitioner is in custody since 11.09.2018.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.69392 of 2018(2) dt.30-11-2018 2/2 the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge cum Special Judge, Bettiah, West Champaran, in connection with Nautan P.S. Case No.462 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T