Patna High CourtCR. MISC./54134/2022allowed

Ramashish @ Asho Mahto @ Kashi Mahto v. The State Of Bihar

2023-03-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54134 of 2022 Arising Out of PS. Case No.-458 Year-2022 Thana- NAWADA District- Nawada ====================================================== Ramashish @ Asho Mahto @ Kashi Mahto Son Of Late Prayag Matho R/O Village- Jharain, P.S.- Nawada (KADIRGANJ O.P.), Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 511 of the Indian Penal Code and 8 of the POCSO Act. As per prosecution case, informant alleged that while her daughter was going to grazing her goat in the meantime petitioner tried to attempt of rape.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The statement of the victim recorded under Section 164 of Cr.P.C which is annexed with case diary at para-13 in which she stated that petitioner only tried to attempt of rape but not made any

Patna High Court CR. MISC. No.54134 of 2022(5) dt.23-03-2023 2/2 physical assault. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 13.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the above said facts and custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada (Kadirganj) P.S. Case No. 458 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge VIth-cum-Special Judge (POCSO Act) Nawada.

(Sunil Kumar Panwar, J) Manish/- U T