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Patna High CourtCR. MISC./38046/2019allowed

Mahendra Das @ Mahendra Ravidas v. The State Of Bihar

2019-07-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38046 of 2019 Arising Out of PS. Case No.-176 Year-2018 Thana- PARAIYA District- Gaya ====================================================== MAHENDRA DAS @ MAHENDRA RAVIDAS Son of Sarangi Das Resident of Village- Shalempur, P.S.- Paraiya, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Paraiya P.S. Case No. 176 of 2018 for the offence under Sections 367, 368, 366(A), 370, 371, 372,376,120(B) and 201 of the Indian Penal Code and Section 6 of the POCSO Act. Learned counsel appearing for the petitioner submits the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the victim herself has admitted that she went to Railway Station after being scolded by her parents, which is evident from the F.I.R. itself. Moreover, when the victim was sent to Remand Home from the Child line and while she was about to

Patna High Court CR. MISC. No.38046 of 2019(2) dt.08-07-2019 2/2 examined by the Doctor for routine check up, she fled away from the Doctor Chamber for which an F.I.R. has also been lodged, which is evident from Annexure-2. No sign of rape has been found on the body of the victim, which is evident from medical report and her age found to be of 18-19 years. The petitioner has falsely been implicated in this case and he has been languishing in custody 30.10.2018.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-1st -Cum- Special Judge, POCSO, Gaya in connection with Paraiya P.S. Case No. 176 of 2018.

(Arvind Srivastava, J) brajesh/- U T