Binod Mahto @ Binod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47502 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -MAHILA PS District- BUXAR ====================================================== Binod Mahto @ Binod Kumar Mahto Son of Ram Nath Mahto resident of Village- Nandan Police Station Dumraon District Buxar (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with POSCO Case No. 12 of 2016 arising out of Buxar Mahila P.S. Case No. 38 of 2016 registered under sections 448, 376, 341, 323, 504, 506 of the I.P.C. and 4/5 and 6/8 of POSCO Act pending in the Court of A.D.J.-1st, Buxar.

The accusation is of establishing physical relation forcibly with the victim girl aged about 14-15 years, daughter of the informant, due to which, she became pregnant. Submission is that petitioner is innocent and has falsely been implicated in this case due to enmity. It is also submitted that petitioner is in custody since 03.06.2016.

Patna High Court Cr.Misc. No.47502 of 2016 (3) dt.13-02-2017 2/2 Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that petitioner is named in the F.I.R. and the victim, in her statement recorded under section 164 Cr. P.C., specifically stated that the petitioner made illicit relation with her forcibly. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected. (Arvind Srivastava, J) Shail/- U T