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Mahesh Mahton @ Mahesh Mahto vs The State Of Bihar on 2 March, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10950 of 2020
Arising Out of PS. Case No.-7 Year-2018 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai

MAHESH MAHTON @ MAHESH MAHTO Son of Late Sukhdeo Mahto
Resident of Village – Chamtha, Balu Par, P.S.- Bachhwara, Distt.- Begusarai.

… … Petitioner/s
Versus
The State of Bihar

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr.Arjun Prasad
For the Opposite Party/s : Mr.Md. Ataur Rahman

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER

2 02-03-2020 Heard both sides.

The petitioner seeks bail in POCSO Complaint Case
No.7C of 2018 registered under Sections 376, 511 of the Indian
Penal Code and under Sections 8 and 12 of POCSO Act.

The victim made allegation that the petitioner entered
into her house and made an abortive attempt to commit rape
with her.

Learned counsel for the petitioner submits that on the
basis of the fardbeyan of the victim, Bachhwara P.S. Case No.27
of 2018 was registered on 20.02.2018. Thereafter, the police
submitted final form finding the allegation false. It is further
submitted that in the meantime, the victim filed complaint case
and after acceptance of final form, the case proceeded on
complaint. After inquiry, prima facie case under Section 354 of
the Indian Penal Code and under Section 12 of POCSO Act was
found.

On the other hand, learned counsel for the
complainant vehemently opposed the prayer for bail and
Patna High Court CR. MISC. No.10950 of 2020(2) dt.02-03-2020
2/2

submits that petitioner used to threaten the victim who is aged
about 13 years old. The victim made several petitions before the
court that the petitioner repeatedly threatened her. The police
submitted final form finding the allegation false without
recording the statement of victim under Section 164 Cr.P.C.

Considering the facts aforesaid and nature of
allegation made against the petitioner and the fact that the case
proceeded when the police after institution of the case found the
accusation against the petitioner false but after inquiry, the case
under Section 354 I.P.C. and under Section 12 of the POCSO
Act was found to proceed against the petitioner for that
petitioner is in jail for about a month, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Addl. Sessions
Judge 1st -cum-Special Judge(POCSO Act), Begusarai in
connection with POCSO Complaint Case No.7C of 2018.

(Prabhat Kumar Jha, J)
Saurabh/-

U T

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