Mantesh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38198 of 2020 Arising Out of PS. Case No.-488 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== Mantesh Patel, aged about 26 years, Gender-Male, Son of Laljee Patel Resident of Village - Khap Tola Nautan, P.S.- Nautan, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Nautan P.S. Case no. 488 of 2019 registered under sections 341, 323 and 354B of the Indian Penal Code and section 4 of the POCSO Act. As per allegation in the F.I.R., it is stated by the informant that while his wife was away, the petitioner who used to give tuition to his six year old minor daughter misbehaved with her.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. is false and incorrect. The petitioner has been falsely implicated in the case. He is in

Patna High Court CR. MISC. No.38198 of 2020(2) dt.05-02-2021 2/2 custody since 21.12.2019 i.e., for more than one year and he has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 21.12.2019 and having no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Nautan P.S. Case no. 488 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional District & Sessions Judge-cum-Special Judge, (SC/ST/POCSO), Bettiah, West Champaran.

(Partha Sarthy, J) B.Kr./- U T