Arun Mahto @ Arun Kumar @ Arun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41145 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- GHOSWARI District- Patna ====================================================== Arun Mahto @ Arun Kumar @ Arun Prasad Son of Late Jadu Mahto Resident of village- Kurmichak, P.S- Ghoswari Samyagarh op, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Giridhar Gopal Tiwary, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376(AB) and 511 of the Indian Penal Code and Section 4 of the POCSO Act. According to prosecution case, the informant's daughter aged about 10 years had been molested by the petitioner. It is further alleged that after seeing the informant, the petitioner fled away by giving threatening. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.41145 of 2022(4) dt.27-03-2023 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim girl was recorded in which she has categorically stated that the petitioner has committed wrong with her.

In view of the statement of the victim girl, I am not inclined to enlarge the petitioner on bail in connection with Ghoswari P.S. Case No. 58 of 2022 pending in the court of learned Additional Sessions Judge-VI-cum Special Judge POCSO Act, Patna.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T