Mahesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3496 of 2021 Arising Out of PS. Case No.-35 Year-2020 Thana- KHIRHAR District- Madhubani ====================================================== MAHESH MAHTO Son of Dinesh Mahto @ Jitan Mahto Resident of Village - Khanuatol, P.S. - Benipatti, District - Madhubani. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ravi Prakash For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2021 Heard learned counsel for the appellant and the learned Special P. P.

The present appeal has been filed against order dated 14.06.2021 passed by learned Additional Sessions Judge-VIIcum- Special Judge, POCSO Act, Madhubani in Khirhar PS Case No. 35/2020, registered for the offence punishable under Sections 376, 504, 506/34 of the Indian Penal Code, u/s 4/6 of POCSO Act and u/s 3(I)(r) (s), (w) (2) of SC/ST Act, whereby the prayer for bail of the appellant has been rejected. As per the prosecution case, co-accused, Ramesh Mahto established physical relation with the informant on the pretext of marriage and on 25.03.2020 at about 10 PM he came on motor cycle took the informant to his parental house. It is further alleged in the morning this appellant and his other family members abused the informant by calling her caste name and

Patna High Court CR. APP (SJ) No.3496 of 2021(2) dt.07-09-2021 2/2 ousted her from their house. Appellant is brother of co-accused Ramesh Mahto.

It is submitted that there is general and omnibus allegation of abuse and assault and no specific overt act has been alleged against this appellant. Thrust of accusation is against co-accused, Ramesh Mahto, who has already been granted bail by a co-ordinate Bench of this court vide order dated 23.03.2021 passed in Cr. Appeal (SJ) No. 690/2021. This appellant has been implicated in this case only because he is brother of Ramesh Mahto. The appellant has got clean antecedent and in in custody since 15.01.2021. Considering the nature of allegation and clean antecedent of the appellant, the impugned order dated 14.06.2021 is hereby set aside and this appeal is allowed. Let the appellant, above named, 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 learned Additional Sessions Judge-VII-cum- Special Judge, POCSO Act, Madhubani in connection with Khirhar PS Case No. 35/2020.

BKS/- (Prabhat Kumar Singh, J) U T