Mahesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53881 of 2022 Arising Out of PS. Case No.-101 Year-2022 Thana- BARSOI District- Katihar ====================================================== MAHESH MAHTO Son of Ram Sagar Mahto Resident of Village - Bena Bari, P.S.- Balrampur, District - Katihar, Bihar ... ... Petitioner/s

Versus

1. The State of Bihar

2. Shambhu Singh S/o Lelpa Singh, Vill-Sohar, P.S. Balrampur, Dist.-Katihar, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A), 354 and 34 of the Indian Penal Code and Section 8 of POCSO Act. According to prosecution case, the petitioner along with other accused persons kidnapped the daughter of the informant from marriage ceremony for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. In fact, the petitioner and victim girl was in love.

The learned counsel for the informant as well as

Patna High Court CR. MISC. No.53881 of 2022(3) dt.23-02-2023 2/2 learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail of the petitioner and submits that during investigation, it has come that the accused persons including the petitioner have committed rape upon the victim girl and the statement of the victim girl was recorded under Section 164 of Cr.P.C., in which, she has categorically stated that the petitioner and other co-accused persons have committed rape upon her.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Barsoi P.S. Case No. 101/2022, pending in the court of learned A.D.J.-VIIcum-Special Judge, Katihar. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T