Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64789 of 2022 Arising Out of PS. Case No.-265 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MANOJ MAHTO Son of Uchit Mahto R/V- Motipur, Durga Asthan, P.STajpur, Dist- Samastipur, At present C/o Late Mohan Mahto, R/o- MohallaSatsang Gali, P.S- K.M.P. Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of bail in a case registered under sections 376 and 511 of the Indian Penal Code and sections 8 and 18 of the POCSO Act. The earlier application for bail of the petitioner was rejected vide order dated 29.3.2022 passed in Cr. Misc. no.51114 of 2021.

As per the prosecution case, the petitioner is said to have misbehaved with the 10 year old daughter of the informant.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 29.3.2022 giving liberty to the petitioner to renew

Patna High Court CR. MISC. No.64789 of 2022(2) dt.30-11-2022 2/2 his prayer for bail after framing of charge. Referring to the contents of paragraph no.10 of the petition together with the certified copy of the order dated 22.9.2021 brought on record as Annexure-3 to this petition, it is submitted that charge has been framed against the petitioner. The petitioner is in custody since 30.9.2020 and undertakes to cooperate in the trial. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the liberty granted in the earlier order of rejection dated 29.3.2022 together with charge having been framed against the petitioner in the learned trial court, the Court directs the petitioner to be enlarged on bail in connection with Kazimohammadpur P.S. Case no.265 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 6th A.D.J.-cum-Special Judge, POCSO, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T