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Patna High CourtCR. MISC./45019/2023allowed

Gobind Kumar Mahto v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45019 of 2023 Arising Out of PS. Case No.-514 Year-2022 Thana- KORHA District- Katihar ====================================================== GOBIND KUMAR MAHTO Son of Basudev Mahto Resident of village - Rajjiganj, P.S.- Korha, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 354B, 504, 34 of IPC and Section 8 of POCSO Act

3. As per FIR, the informant alleged that the petitioner attempted to outrage the modesty of her daughter and upon protest he fled away from there.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics and land dispute. There is inordinate delay of ten days without given any cogent

Patna High Court CR. MISC. No.45019 of 2023(5) dt.19-12-2023 2/2 reason. This case is counter blast case of Korha P.S. Case No. 513 of 2023. during investigation no independent witnesses supported the prosecution versions rather all the witnesses are hearsay witnesses. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.01.2023.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Korha P.S. Case No. 514 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum Special Judge, POCSO, Court Katihar.

(Sunil Kumar Panwar, J) manishkumar/- U T