Mantu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40953 of 2020 Arising Out of PS. Case No.-141 Year-2020 Thana- SURYAPUR District- Rohtas ====================================================== Mantu Pandey, Son of Lalan Pandey Resident of Village - Kalyani, P.S. - Suryapura, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar, Adv.

For the Opposite Party/s :

Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with POCSO Case no. 57 of 2020 arising out of Suryapura P.S. Case no. 141 of 2020 registered under sections 376, 341,342, 343, 323, 120B and 34 of the Indian Penal Code and sections 4 and 8 of the POCSO Act.

As per allegation in the FIR, allegation of rape has been levelled against accused Dipak Pandey. It is further stated that besides other persons, the petitioner herein, who happens to be the uncle of the said Dipak Pandey had knowledge about the occurrence.

It is submitted by learned counsel for the petitioner that from perusal of the FIR itself no overt act has been alleged

Patna High Court CR. MISC. No.40953 of 2020(2) dt.03-03-2021 2/2 against the petitioner. The only allegation against the petitioner is that he along with the father, brother and other family members of Dipak Pandey had knowledge about the occurrence. The petitioner is in custody since 13.10.2020 and chargesheet has been submitted in the case. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 13.10.2020, submission of chargesheet and nature of allegation as levelled in the FIR, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with POCSO Case no. 57 of 2020 arising out of Suryapura P.S. Case no. 141 of 2020 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 Additional Sessions Judge-VII-cum-Special Judge, POCSO Act, Rohtas at Sasaram.

(Partha Sarthy, J) sushma/- U T