Patna High CourtCR. MISC./46470/2016bail granted

Akhilesh Kumar Mahto v. The State Of Bihar

2016-12-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46470 of 2016 Arising Out of PS.Case No. -347 Year- 2015 Thana -MARHAURA District- SARAN ====================================================== Akhilesh Kumar Mahto Son of Rajendra Mahto, Resident of Village- Tehti Bind Toli, Police Station- Marhaura, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 376, 511 of the Indian Penal Code and Sections 11/18 of POCSO Act. Initially, the informant filed complaint case which was converted into police case. The accusation against the petitioner is that he made attempt to commit rape on the informant but submission on behalf of the petitioner is that much prior to filing of the complaint case, mother of the informant had made complain before the Zila Jan Sikayat Koshang and on the complaint of mother of the informant, the matter was enquired by the police and the accusation was found untrue. It is further

Patna High Court Cr.Misc. No.46470 of 2016 (3) dt.08-12-2016 2/2 submitted that in course of investigation, witnesses, too, stated the above stated fact, which is evident from perusal of different paragraphs of the case diary.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Saran in connection with Marhaura P.S. Case No. 347 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T