Patna High CourtCR. MISC./29385/2020allowed

Subodh Kumar Mahto v. The State Of Bihar

2020-12-11Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29385 of 2020 Arising Out of PS. Case No.-35 Year-2018 Thana- MAHILA P.S. District- Samastipur ====================================================== SUBODH KUMAR MAHTO Son of Sone Lal Mahto Resident of VillageMohamadpur kawari, P.S.- Vaini (O.P.), District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Bhushan Verma For the Opposite Party/s :

Mr. Ram Naresh Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-12-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Samastipur Mahila P.S. Case No. 35 of 2018, G.R. No. 855 of 2018 for the offence under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the F.I.R. has been lodged after lapse of one month from the date of alleged occurrence without explaining the plausible delay which creates doubt over the prosecution version. Moreover, no medical report is available on record to support the

Patna High Court CR. MISC. No.29385 of 2020(2) dt.11-12-2020 2/2 allegation levelled against the petitioner. Moreover, the matter has been compromised between the parties which is evident from Annexure-2. The petitioner is rotting in custody since 05.02.2020.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned Special Judge, POCSCO Act, Samastipur in connection with POCSO Act, Samastipur in connection with Samastipur Mahila P.S. Case No. 35 of 2018, G.R. No. 855 of 2018. (Arvind Srivastava, J) Brajesh/- U T