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Patna High CourtCR. MISC./29526/2024bail granted

Chhotu Mahto @ Raushan Kumar Mahto v. The State Of Bihar

2024-06-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29526 of 2024 Arising Out of PS. Case No.-127 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Chhotu Mahto @ Raushan Kumar Mahto, S/o Late Shyam Mahto @ Shyamna Mahto Resident of Village Djhaksari P.S. Arer, District - Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Benipatti P.S. Case No. 127 of 2023 registered for the offence under Sections 420, 342, 376, 379 and 34 of the Indian Penal Code.

3.

As per the prosecution case, the petitioner is said to have committed rape upon the victim girl. 4.

After perusal of the materials available on record, it appear that this is a case of consensual sex. The petitioner is in jail since 22.01.2024.

5.

Considering the aforesaid facts, this application is allowed.

6.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.29526 of 2024(3) dt.28-06-2024 2/2 with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st , Benipatti in connection with Benipatti P.S. Case No. 127 of 2023. 7.

As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) pawan/- U T