Santosh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84485 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- MANER District- Patna ====================================================== Santosh Mahto, Male, aged about 36 years, Son of Bishwanath Mahto @ Biddi Mahto Resident of Village- Newati Mohalla- P.S.- Maner, Dist- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Nath Sinha, Advocate For the State :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Special Case No. 70 of 2019 arising out of Maner PS Case No. 179 of 2019 dated 09.04.2019 instituted under Sections 341/323/354/504/506/379/34 of the Indian Penal Code, 8/12 of The Protection of Children from Sexual Offences Act, 2012 and 54 'D' of the I T Act.
3. The allegation against the petitioner and others is of sharing vulgar video of the daughter of the informant.
4. Learned counsel for the petitioner submitted that there is no allegation of video clip being created by him and only allegation is that he had shared the clip. It was submitted
Patna High Court CR. MISC. No.84485 of 2019 dt.17-03-2020 2/3 that the petitioner is in custody since 14.10.2019 and has no other criminal antecedent.
5. Learned APP submitted that the allegation against the petitioner is of sharing video on the group and also of assault. However, he was not in a position to controvert that the specific allegation of assault is against two other accused.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousands) with two sureties of the like amount each to the satisfaction of the learned Additional and Sessions Judge-I-cum- Special Judge, POCSO, Patna in Special Case No. 70 of 2019 arising out of Maner PS Case No. 179 of 2019. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without
Patna High Court CR. MISC. No.84485 of 2019 dt.17-03-2020 3/3 sufficient cause, shall also lead to cancellation of his bail bonds.
7. The application stands disposed off in the aforementioned terms.
(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T