Anandi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36118 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Anandi Mahto, Son of Late Janki Mahto, Resident of Village- Gonawan, P.S.- Harnaut, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Suraj Deo Singh, Adv. For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-08-2017 Heard both sides.

The petitioner seeks bail in Mahila P.S. Case No. 77/2016, registered for the offences punishable under Section 376 of the Indian Penal Code and sections 4, 8 of the P.O.C.S.O. Act. Prayer for bail of the petitioner was earlier rejected vide order dated 01.12.2016 passed in Cr. Misc. 39851/2016. Learned counsel for the petitioner submits that petitioner is an old man and he is rotting in jail for more than a year. The doctor did not support the story of rape, but from perusal of the F.I.R. and statement of the victim who is aged about 10 to 11 years old, it appears that the victim made very specific allegation against the petitioner that he repeatedly committed rape

Patna High Court Cr.Misc. No.36118 of 2017 (2) dt.09-08-2017 2/2 with her. The doctor examined the victim after more than a month. Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T