Sharvan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56282 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -MAHILA P.S. District- SARAN ======================================================

1. Sharvan Mahto son of Mahaveer Mahto, resident of Village- Shobhepur (Babhanganwan), P.S. Nayagaon, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mahila P.S. Case No. 53/2017, instituted for the offence under Section 376 of the Indian Penal Code read with Sections 3 and 4 of POCSO Act. It is alleged by the informant, aged about 10 years, that while she was returning from temple, this petitioner forcibly took her towards northern Badhar of temple and after tying her mouth committed rape with her.

Statement of victim girl has been recorded under Section 164 Cr.P.C. wherein she has levelled specific allegation of committing illegal act against this petitioner. Court below has assessed the age of victim girl to be 11 years.

Patna High Court Cr.Misc. No.56282 of 2018 (3) dt.01-11-2018 2/2 Victim girl has been medically examined, wherein doctor has found evidence of recent sexual intercourse. Doctor has assessed the age of victim girl to be between 16 to 17 years. There is specific allegation against this petitioner. In view of such, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

The court below is directed to expedite the trial. (Sanjay Priya, J.) Rakhi U T