Allowed

Subodh Kumar Mahto v. The State of Bihar

Patna HC11 Dec 2020CR. MISC./29385/2020

Case brief

AI extract

What is this about?

The High Court ordered the release of the petitioner on bail upon furnishing a personal bond. The petition, arising from charges of sexual offences under IPC and POCSO, was granted considering clean antecedents, alleged delay in FIR lodging, available medical report issues, and compromise between parties.

What did the court decide?

Release of petitioner on bail furnished by personal bond to the satisfaction of the Special Judge under the POCSO Act.

Subodh Kumar Mahto Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29385 of 2020

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Arising Out of PS. Case No.-35 Year-2018 Thana- MAHILA P.S. District- Samastipur

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======================================================

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SUBODH KUMAR MAHTO Son of Sone Lal Mahto Resident of VillageMohamadpur kawari, P.S.- Vaini (O.P.), District- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Bhushan Verma For the Opposite Party/s : Mr. Ram Naresh Rai, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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2 11-12-2020

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner seeks bail in connection with Samastipur Mahila P.S. Case No. 35 of 2018, G.R. No. 855 of 2018 for the offence under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

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Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the F.I.R. has been lodged after lapse of one month from the date of alleged occurrence without explaining the plausible delay which creates doubt over the prosecution version. Moreover, no medical report is available on record to support the

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Patna High Court CR. MISC. No.29385 of 2020(2) dt.11-12-2020 2/2

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allegation levelled against the petitioner. Moreover, the matter has been compromised between the parties which is evident from Annexure-2. The petitioner is rotting in custody since 05.02.2020.

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Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned Special Judge, POCSCO Act, Samastipur in connection with POCSO Act, Samastipur in connection with Samastipur Mahila P.S. Case No. 35 of 2018, G.R. No. 855 of 2018.

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(Arvind Srivastava, J)

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Brajesh/-

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U T

Subodh Kumar Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Subodh Kumar Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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