Lal Bachan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31203 of 2020 Arising Out of PS. Case No.-199 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Lal Bachan Mahto Son of Shri Naresh Mahto Resident of Village- Mohanpur, P.S.- Kudhani, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Malay Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 365/377 of the Indian Penal Code and Sections 6 and 8 of the POCSO Act in connection with Kudhani (Turki O.P.) P.S. Case No. 199 of 2020. The petitioner allegedly committed unnatural offence against a child aged about seven years, who is son of the informant. The medical report corroborates the allegation against the petitioner.
Statement of the victim under Section 161 Cr.P.C. and of other witnesses also support the allegation. There is no motive of false implication.
Patna High Court CR. MISC. No.31203 of 2020(3) dt.06-01-2021 2/2 Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The trial Court is directed to expedite the trial. (Birendra Kumar, J) Mkr./- U T