Rakesh Mahato vs The State Of Bihar on 20 March, 2020

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Patna High Court - Orders

Rakesh Mahato vs The State Of Bihar on 20 March, 2020

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3100 of 2020
                  Arising Out of PS. Case No.-95 Year-2019 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 RAKESH MAHATO Son of Mokhatar Mahato Resident of Village-Bangari
                 Tola Dahaura, Police Station-Pipara Kothi, District-East Champaran
                                                                   ... ... Petitioner
                                                Versus
                 The State of Bihar                               ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar, Addl Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   20-03-2020

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Section 376G and other allied sections of the Indian Penal Code and under sections 6/14 of the POCSO Act.

It is alleged that the petitioner and co-accused Dinanath Mahto committed rape on the victim.

Learned counsel appearing for the petitioner, denying the allegations, submits that the petitioner has falsely been implicated in this case. Age of the victim has been assessed in the medical examination to be 17 to 18 years. There is subsisting land dispute between the parties, who are nighbourers and the instant false case has been filed to settle the land dispute. Compromise petition has also been filed in the Court below on 25.6.2019. Petitioner has got no criminal antecedent Patna High Court CR. MISC. No.3100 of 2020(3) dt.20-03-2020 2/2 and he is in custody since 21.6.2019. Similarly situated co- accused Dinanath Mahto has already been allowed bail by a bench of this Court vide order dated 11.12.2019, passed in Cr.Mis.No. 71295/2019.

Considering the facts of the case, 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 Additional Sessions Judge I cum POCSO Act, East Champaran at Motihari in Pipra Police Station Case No. 95 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T

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Patna High Court - Orders