Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54887 of 2018 Arising Out of PS. Case No.-118 Year-2018 Thana- SATHI District- West Champaran ====================================================== Santosh Mahto, Son of Late Fuldeo Mahto, resident of Village- Sirisiya, Police Station- Sathi, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No.-7, Advocate.

For the Opposite Party/s :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sathi P.S. Case No. 118 of 2018 instituted for the offence under Section(s) 341, 342, 354, 308/34 Indian Penal Code and Section 8 of POCSO Act. In the written report it is alleged that petitioner along with another unknown person caught the daughter of informant and took her in sugarcane field. It is further alleged that they assaulted and pushed her down on the ground. The accused persons with intention to kill, pressed her neck. She raised alarm, then people came and saved her life.

The statement of victim girl has been recorded under Section 164 Cr. P.C. which is available at Flag "A" wherein she has stated that two persons came and took her in Sugarcane field

Patna High Court Cr.Misc. No.54887 of 2018(3) dt.12-12-2018 2/3 and pressed her neck. She stated in her statement that one person was Santosh Kumar (petitioner) but she could not identify another person.

In this manner from the written report and statement of victim girl recorded under Section 164 Cr. P.C. it appears that no allegation of committing any illegal act has been levelled against this petitioner. There is general and omnibus allegation against him.

Petitioner is in custody since 12.7.2018 having clean antecedent.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the 1st Additional District and Sessions Judge-cum-Special Judge, West Champaran at Bettiah in connection with Sathi P.S. Case No. 118 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) S.Ali/- U T

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