Patna High CourtCR. MISC./14734/2017bail granted

Mantu Kumar v. The State Of Bihar

2017-05-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14734 of 2017 Arising Out of PS.Case No. -386 Year- 2015 Thana -MANER District- PATNA ====================================================== Mantu Kumar Son of Madhav Sah @ Madho Sao, Resident of MohallaShanti Nagar, Police Station-Maner, District-Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

Earlier the prayer for bail of the petitioner was twice rejected by this court taking note of this fact that there was specific allegation of rape of a minor girl against him and the victim supported the occurrence in her statement recorded under Section 164 of the Cr.P.C. but when she was examined before the trial court as P.W. 3, she took U turn and denied the occurrence stating that petitioner had not committed any crime with her. She also denied the statement said to have made before the police as

Patna High Court Cr.Misc. No.14734 of 2017 (2) dt.17-05-2017 2/2 well as learned Magistrate.

Petitioner is in jail custody since 11.09.2015 and, therefore, taking note of statement of the victim made before the trial court as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Patna in connection with Special (POCSO) Case No. 125 of 2015 arising out of Maner P.S. Case No. 386 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T