Patna High CourtCR. MISC./58772/2019allowed

Jayram Mahto v. The State Of Bihar

2019-11-29Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58772 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== Jayram Mahto Son of Late Shankar Mahto Resident of Village - Kanchhedawa, P.S.- Harsidhhi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Harsidhhi P.S. Case No. 8 of 2019 (POCSO Case No. 4 of 2019), registered for offence punishable under Sections 376 and 328 of the Indian Penal Code, Section 4 and 6 of POCSO Act and Sections 66 and 67 of the I.T. Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Further submission is that there is inordinate delay of one and half year in lodging FIR without plausible explanation. He further submits that from perusal of medical report, it appears that there is no sign of rape. The petitioner has no criminal antecedent and he is in custody since

Patna High Court CR. MISC. No.58772 of 2019(4) dt.29-11-2019 2/2 09.01.2019.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the above-named 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 the learned 1st A.D. J.- cum-Special Judge POCSO, East Champaran, Motihari in connection with Harsidhhi P.S. Case No. 8 of 2019 (POCSO Case No. 4 of 2019).

(Arvind Srivastava, J) S.Katyayan/- U T