Karelal Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40652 of 2018 Arising Out of PS. Case No.-41 Year-2016 Thana- MEDANICHOWK District- Lakhisarai ====================================================== Karelal Mahton S/o Ajo Mahto, R/o Vill.- Khaba, P.S.- Mednichawki, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-07-2018 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Mednichawki P.S. Case No. 41 of 2016 registered for the offence punishable under sections 376, 506/34 of the Indian Penal Code and Section 8 of the POSCO Act.

Learned counsel appearing for the petitioner submits that the present first information report has been lodged after about three days without any explanation. On medical examination, no any injury either internal or external was found on the body of the victim. Petitioner is a man of clean antecedent.

Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail of the petitioner and

Patna High Court Cr.Misc. No.40652 of 2018(2) dt.19-07-2018 2/2 submits that there is specific allegation against this petitioner alongwith other co-accused persons committed rape upon the victim, who was carrying pregnancy of seven weeks. Petitioner does not deserves to be granted the privilege of bail. Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T