An oral bail order granted to the petitioner in a case involving rape and offences against a minor girl on POCSO Act, directing release on bond and sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12784 of 2020
Arising Out of PS. Case No.-514 Year-2019 Thana- CHIRAIYA District- East Champaran
======================================================
RAMU MAHTO, aged about 20 years (M), Son of Late Paras Mahto, Resident of Village-Ruphara, P.S.-Shikarganj, District-East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Umesh Chandra Verma, Advocate. For the Opposite Party : Mr.Sanjay Kumar Tiwary, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 05-03-2020
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 354(B)/34 of the IPC and 8, 12 of the POCSO Act.
The prosecution story, in brief, is that on 05.11.2019, while the informant’s daughter, namely, Shayra Khatoon, aged 13 years, was sleeping in her room alone, then Ramu Mahto (petitioner) and two unknown persons entered into the house from back door, and took away her daughter in an Orchard with intention to commit rape, but on the sound of crying of his daughter, the informant and villagers caught Ramu Mahto (petitioner) and going to hand over to the police, but villagers decided to solve the dispute through Panchayati but Ramu
Patna High Court CR. MISC. No.12784 of 2020(2) dt.05-03-2020 2/2
Mahto (petitioner) did not come in the Panchayati.
It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 28.11.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The informant and the victim have made an application before the learned court below where they retracted from their earlier statement made in the F.I.R. annexed as Annexure-2 to the present application.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge-cum-Special Judge at Motihari, East Champaran in connection with Chiraiya P.S. Case No. 514 of 2019.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether the petitioner should be released on bail in case involving offences under Sections 354(B)/34 of the IPC and 8, 12 of the POCSO Act.
RAMU MAHTO
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
