Naresh Mahto @ Bauka Mahto @ Boka Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65200 of 2018 Arising Out of PS.Case No. -64 Year- 2018 Thana -TIKAPATTI District- PURNIA ====================================================== Naresh Mahto @ Bauka Mahto @ Boka Mahto, S/o Banarsi Mahto, R/o Village-Goriar Milik Tola, P.S. Tikapatti, Distt.-Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 02-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Spl. POCSO 49 of 2018 arising out of Tikapatti P.S. Case No.64 of 2018 instituted for the offence under Section(s) 376 Indian Penal Code and Section 4 of the POCSO Act.

It is alleged in the written report that one unknown boy has committed rape with 12 years old daughter of the informant, who is dumb.

Counsel for the petitioner submits that there is no eye witness to the occurrence. No Test Identification Parade has been held. Petitioner is also dumb, who has been implicated in this case merely on suspicion.

Patna High Court Cr.Misc. No.65200 of 2018 (2) dt.02-11-2018 2/2 Petitioner is in custody since 20.06.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judgecum-Special Judge, Purnea, in connection with Spl. POCSO 49 of 2018 arising out of Tikapatti P.S. Case No.64 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T