Manoj Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51114 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MANOJ MAHTO Son of Uchit Mahto Resident of Village - Motipur Durga Asthan, P.S.- Tajpur, District - Samastipur. At present C/O Late Mohan Mahto, Resident of Mohalla - Satsang Gali, P.S.- K.M.P., District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-03-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 376 and 511 of the Indian Penal Code and sections 8 and 18 of the POCSO Act.
As per the prosecution case, the petitioner is said to have misbehaved with the 10 year old daughter of the informant.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case under some misunderstanding. No such occurrence as alleged has taken place. No offence under section 376 of the Indian Penal Code nor under sections 8 or 18 of the POCSO Act is made
Patna High Court CR. MISC. No.51114 of 2021(3) dt.29-03-2022 2/2 out against this petitioner. He is in custody since 30.9.2020 and undertakes to cooperate in the trial.
Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation specially the contents of the statement of the daughter of the informant under section 164 Cr.P.C, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.
(Partha Sarthy, J) Prakash/- U