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Patna High CourtCR. MISC./40650/2023allowed

Mukesh Mahto v. The State Of Bihar

2023-08-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40650 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== Mukesh Mahto Son Of Shyambabu Mahto Resident Of Village - Mogalpura, Chhata Tal Koriyana, P.S. - Khajekala, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 354, 354B, 354D, 506/34 of the IPC and Section 8/12 of POCSO Act.

As per prosecution case, the allegation against the petitioner is that he outraged the modesty of the informant's daughter.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner being a Rajmistry had worked at the house of the informant but husband of the informant did not pay his

Patna High Court CR. MISC. No.40650 of 2023(3) dt.10-08-2023 2/2 wages and on the date of occurrence he went to the house of the informant to demand his wages but informant has falsely implicated the petitioner to avoid his payment. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khajekala P.S. Case No. 71 of 2023 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 Exclusive Special Court POCSO Act, Patna.

(Sunil Kumar Panwar, J) Manishkumar/- U T