Rakesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75930 of 2019 Arising Out of PS. Case No.-409 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAKESH KUMAR MAHTO Son of Lal Deo Mahto Reseident of Village - Maguraha, P.S.- Sahebganj, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 Heard the parties.

This application is for grant of regular bail in connection with Sahebganj P.S.Case no.409 of 2019 corresponding to G.r.No.110 of 2019 for the offences under Section 376/511 of the Indian Penal code and Section 4 of the POCSO Act of the Indian Penal Code.

Allegation against the petitioner is of committing rape on 11 years old daughter of the informant. Submission of the learned counsel for the petitioner is that due to land dispute, he was implicated in this case. He is in custody since 4.10.2019, whereas the learned APP has opposed the prayer for bail on the ground that the victim girl is minor. She has supported the prosecution case in her statement under Section 164 Cr.P.C.

Patna High Court CR. MISC. No.75930 of 2019(3) dt.28-02-2020 2/2 Heard learned A.P.P. also.

Having heard both sides and considering the fact , I am not inclined to grant bail to the petitioner at this stage, however, once the evidence of the Vitim and the informant is recorded in this case the petitioner is at liberty to renew his prayer for bail before the learned trial court itself who will dispose of the application considering the materials available at that time.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T