Krishna Mohan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41156 of 2021 Arising Out of PS. Case No.-47 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== KRISHNA MOHAN MAHTO Son of Late Hira Mahto Resident of Village - Mohini Mandal, P.S.- Suppi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Suppi P.S. Case No.47 of 2020 (Trial No.42/2020), registered for the offence punishable under Section 376 of the Indian Penal Code and sections 4 and 6 of POCSO Act.

The allegation against the petitioner is that he has committed rape upon the minor daughter of the informant when she has gone to the market.

Patna High Court CR. MISC. No.41156 of 2021(2) dt.04-08-2021 2/2 It is submitted by learned counsel for the petitioner that vide order dated 15.12.2020 passed in Cr. Misc. No.28648 of 2020 by this Court, the bail application of the petitioner has been rejected with a direction to renew his prayer for bail after framing of charge. It is further submitted that the charge has been framed on 02.11.2020 and in support thereof, a copy of the same has been annexed as Annexure-3 of the bail application. The petitioner has no criminal antecedent and has been languishing in custody since 03.03.2020.

Learned APP for the State opposed the prayer for bail. Considering that the charge has already been framed, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO Act, Sitamarhi, in connection with Suppi P.S. Case No.47 of 2020 (Trial No.42/2020).

(Anjani Kumar Sharan, J) pallavi/- U T