Krishna Mohan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28648 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== Krishna Mohan Mahto, aged about 22 eyars, Gender-Male, S/o Late Hira Mahto, Resident of Village- Mohani Mandal, P.S.- Suppi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the State :

Mr.Braj Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Suppi P.S. Case No. 47 of 2020 registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4/6 of POCSO Act.

There is allegation in the F.I.R. that on 01.03.2020 at 8.30 P.M., the minor daughter of the informant, namely, Priti Kumari, aged about 14 years had gone to purchase something at the shop of one Kailash Prasad but in the way, Krishna Mohan Mahto, caught her, closed her mouth, took away in his khalihan and committed rape on her forcibly.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in the present case. He further submits that there is contradiction in between the statement of the victim under Section 164 Cr.P.C. and F.I.R. Thus, no case under

Patna High Court CR. MISC. No.28648 of 2020(3) dt.15-12-2020 2/2 Section 376 I.P.C. is made out in this case. He further submits that the petitioner has got no any criminal antecedent. He further submits that the victim girl was also examined by the medical board and doctor found her age is around 18-19 years, which has been annexed as Annexure-3 in the present bail application. Learned A.P.P. for the State opposed the bail petition and submits that in the case diary, the witnesses have supported the prosecution case.

I have perused the record and case diary. Under Section 164 Cr.P.C., the victim has not made any allegation of rape.

In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioner on bail. Accordingly, the prayer for bail of the above named petitioner in connection with Suppi P.S. Case No.47 of 2020 pending in the court of learned A.D.J. 1st cum Special Judge, POCSO Act, Sitamarhi is hereby rejected. However, the petitioner is directed to renew his prayer for bail after framing of charge. (Anjani Kumar Sharan, J) Nasimul/- U T