Anjit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33428 of 2020 Arising Out of PS. Case No.-32 Year-2019 Thana- DESARI District- Vaishali ====================================================== ANJIT MAHTO, Son of Saltan Mahto Resident of Village - Chakjamal, P.S. - Desari (OP), District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-03-2021 Heard Mr. Sabal Kumar Jha, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in connection with Desari (Sahdai) P. S. Case No. 32 o 2019, dated 08.02.2019, instituted for offences under Sections 376, 511 and 34 of the Indian Penal Code and Sections 8 and 12 POCSO Act, 2012.

It is alleged in the F.I.R. lodged by the victim, a 12 years old girl, that she was taken to the maize field by the petitioner and his brother and an attempt was made to outrage her modesty. Somehow or the other,

Patna High Court CR. MISC. No.33428 of 2020(4) dt.09-03-2021 2/2 she could manage to escape.

The learned counsel for the petitioner has submitted that the other accused person is his own brother. Apart from this, it has been stated that the father of the victim and the petitioners are neighbours and because of some dispute, the present case has been lodged.

However, considering the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present.

The prayer for bail is rejected.

While saying so, the Court has also taken note of the fact that one of the other accused persons of this case, namely, Raja Mahto, has not yet surrendered to the process of law.

(Ashutosh Kumar, J) skm/- U T