Vishwakarma Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65223 of 2019 Arising Out of PS. Case No.-196 Year-2019 Thana- BARHARIA District- Siwan ====================================================== Vishwakarma Mahato Son of Late Swami Nath Mahto Resident of Village - Piperahi, P.S.- Barharia, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Barharia P. S. Case No. 196 of 2019, registered for offence punishable under Section 376(D) of the Indian Penal Code and Section 4/6 of POCSO 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 three days in lodging FIR without plausible explanation. It appears from the Annexure 4, that doctor has found no Spermatozoa seen either dead or alive. He further submits that earlier in the year 2017 both the parties have lodged FIR against each other regarding quarrel between Hindu

Patna High Court CR. MISC. No.65223 of 2019(2) dt.04-11-2019 2/2 Community and Muslim Community. The petitioner is in custody since 10.06.2019.

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 Additional Sessions Judge-cum-Special Judge, Siwan, District Siwan in connection with Barharia P.S. Case No. 196 of 2019. (Arvind Srivastava, J) S.Katyayan/- U T