Patna High CourtCR. MISC./7907/2021bail granted

Dinesh Mahato v. The State Of Bihar

2022-01-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7907 of 2021 Arising Out of PS. Case No.-254 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Dinesh Mahato S/O Hira Lal Mahato R/O Village Basaniaya Balan Patti P.S.- Loakha, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti For the Opposite Party/s :

Mr.Chandra Sen Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Loakha P.S. Case No. 254 of 2020, registered for the offence punishable under Section 354(B) of the Indian Penal Code and sections 6, 8 of the POCSO Act.

As per the prosecution case, petitioner is alleged to have tried to commit rape with informant's daughter aged about 8 years.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to land dispute. The victim girl was medically examined and the doctor has not found any external or internal injury on the body of victim girl. The victim girl in her statement under Section 164 has not stated that petitioner has committed wrongful act with

Patna High Court CR. MISC. No.7907 of 2021(12) dt.27-01-2022 2/2 her. Petitioner claims clean antecedent and he is in custody since 01.09.2020.

Considering the statement of victim girl under Section 164 Cr.P.C and the fact that Medical Board has not found any evidence of sexual assault, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO Act), Madhubani in connection with Loakha P.S. Case No. 254 of 2020. (Prabhat Kumar Singh, J) vinita/- U T