Sudama Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76681 of 2018 Arising Out of PS. Case No.-373 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Sudama Mahto S/o- Late Sukdeo Mahto, Resident of Village- Ratanmala, P.S. Majhauliya, District- West Champaran, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Majhauliya P.S. Case No. 373 of 2018, disclosing offences under Section 376 of the Indian Penal Code and 4/5 (g) of the POCSO Act, 2012.

Learned counsel, appearing on behalf of the petitioner, appears to be correct in his submission that, allegation of rape is against co-accused persons, namely, Dhanilal Mahto, Sugan Mahto and Pradeep Mahto. It also appears from the statement of the victim, recorded under Section 164 of the Criminal Procedure Code, that the allegation of criminal misconduct constituting offence under Section 376 of the Indian Penal Code, is against three persons. This

Patna High Court Cr.Misc. No.76681 of 2018(2) dt.09-01-2019 2/2 petitioner is father of co-accused, Dhanilal Mahto, who is said to have attempted to save the co-accused Sugan Mahto, who was apprehended by the villagers.

Considering the nature of accusation against this petitioner in the first information report, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional District Judge 1st Cum Special Judge, POCSO, Bettiah in connection with Majhauliya P.S. Case No. 373 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T