Dinanath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71295 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- PIPRAKOTHI District- East Champaran ====================================================== DINANATH MAHTO, S/o Bunilal Mahto R/o village- Bangari Tola Dahaura, P.S.- Pipra Kothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar Mishra For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Pipra Kothi P.S. Case No. 95 of 2019, registered under Sections 376(G), 504 and 506/34 of the Indian Penal Code and Section 6/14 of the POCSO Act.

The accusation is that minor daughter of informant Vimal Devi had gone to attend the call of nature in the day of 24.03.2019, where petitioner and Rakesh Mahto committed rape upon her on the point of knife and she was also threatened not to disclose the matter to anyone. After much persuasion, the minor daughter of the informant stated about the incident before the informant. Thereafter, informant went at the house of petitioner and other accused, but he was

Patna High Court CR. MISC. No.71295 of 2019(2) dt.11-12-2019 2/2 abused by them.

Learned counsel for the petitioner submits that, in fact, due to land dispute, the informant lodged the present case on 05.04.2019 after 11 days of the occurrence. In the medical examination, the age of the daughter of the informant has been assessed between 17 to 18 years. Moreso, after settlement of the land dispute, the informant filed compromise petition on 06.07.2019 in the Court of Addl. Sessions Judge-I-cumSpecial Judge, POCSO Act, Motihari, East Champaran. The petitioner has no criminal antecedent and he is in custody since 21.06.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 1st Addl. Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Pipra Kothi P.S. Case No. 95 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T