Durgesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53566 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- BHAGWAN BAZAR District- Saran ====================================================== Durgesh Mahto S/o- Kanhaiya Matho Mohalla- Bagwan Bazar Thana Road W.No-14, Ps- Bhagwan Bazar Dist- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tarkeshwar Mahto son of Late Krishna Mahto R/o- Bhagwan Bazar Road No-14, Ps- Bhagwan Bazar Dist- Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, A.P.P.

Mr. Anil Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner, the State and opposite party no.2.

2. The petitioner seeks regular bail in a case registered for the offence punishable under Sections 323, 324, 307, 448, 504/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per F.I.R., this petitioner pushed informant's wife down by catching her hair. Accused persons tried to outrage modesty of daughters of informant. When informant protested, all the accused persons assaulted with sword.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. parties are agnate and as a matter of fact, at the relevant time, petitioner and his father had gone to the informant's house to pacify the matter, but in the meantime informant abused and assaulted the petitioner side for which Bhagwan Bazar Police Station Case No. 220 of 2024 was

Patna High Court CR. MISC. No.53566 of 2024(3) dt.06-12-2024 2/2 lodged by the petitioner against the informant and others. Charge sheet has already been filed. Petitioner is in custody since 1.5.2024.

5. Learned counsel for the State and opposite party no.2 oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, POCSO Act, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 219 of 2024.

(Prabhat Kumar Singh, J) shashi/- U T