Binod Mahto @ Binod Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27807 of 2020 Arising Out of PS. Case No.-38 Year-2016 Thana- MAHILA PS District- Buxar ====================================================== BINOD MAHTO @ BINOD KUMAR MAHTO S/o Ram Nath Mahto @ Ram Nath Koiri Resident of Village-Nandan, P.S.-Dumraon, District-Buxar. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Singh For the Opposite Party/s :
Mr. Nirmala Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-10-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with POCSO-12 of 2016, C.I.S. No. 60 of 2018 arising out of Mahila P.S. Case No. 38 of 2016 for the offence under Sections 448, 376, 341, 323, 504, 506/34 of the Indian Penal Code and Section 4/5 (K)(L) and 6/8 of the POCSO Act.
Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 24.04.2019 passed in Cr. Misc. No. 15589 of 2019 with a direction to the learned court below to conclude the trial of the case within six months from the date of order. But the trial of the case
Patna High Court CR. MISC. No.27807 of 2020(2) dt.21-10-2020 2/2 still pending and there is no likelihood of its conclusion in near future. The petitioner is rotting in judicial custody since 03.06.2016 i.e. more than four year and on the ground of custody, the petitioner has renewed his payer for bail. Considering the facts and circumstances of the case and the period of custody of the petitioner, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned Additional Sessions Judge-1st -cum- Special Judge, POCSO, Buxar in connection with POCSO Case No. 12 of 2016, C.I.S. No. 60 of 2018 arising out of Mahila P.S. Case No. 38 of 2016. (Arvind Srivastava, J) brajesh/- U T