Anandi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39851 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Anandi Mahto Son of Late Janki Mahto resident of Village- Gonawan, P.S.- Harnaut, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Prasad For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2016 Heard both sides.

The petitioner seeks bail in Mahila P.S. case No. 77 of 2016 under Section 376 of the Indian Penal Code and under Section 4/8 of the POCSO Act.

The mother of the victim alleged that victim disclosed that petitioner committed rape with her in between 15.05.2016 to 26.06.2016.

The learned counsel for the petitioner submits that petitioner is an old man, aged about 70 years. Suresh Ram had assaulted the petitioner and for that petitioner filed Harnaut P.S. case No. 204 of 2015 against Suresh Ram. Suresh Ram was pressurizing the petitioner to compromise the case. Suresh Ram is

Patna High Court Cr.Misc. No.39851 of 2016 (3) dt.01-12-2016 2/2 relative of the informant and that is why this false case has been lodged. The victim did not make any statement before the police but it appears from perusal of the records that the victim made her statement under Section 164 of the Cr. P. C. which is recorded in paragraph 26 of the case diary and she disclosed that petitioner repeatedly committed rape with her. The victim is aged about 1011 years. Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T