Jharkhand High CourtDeepak Mahto vs State Of Jharkhand on 19 April, 2011Author:Narendra Nath TiwariBench:Narendra Nath TiwariIN THE HIGH COURT OF JHARKHAND AT RANCHI
                          B.A. No.977 of 2011

            Deepak Mahto                                     .... Petitioner
                                       Versus
            The State of Jharkhand                             ...O.P.

            Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari

            For the Petitioner        : Mr. N.K.Chatterjee, Advocate
            For the O.P.             : APP
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 3/19.04.2011The petitioner is an accused in the case registered for the offence under
            sections 376, 354, 306, 509, 511, 120(B ) of theIndian Penal Codeandsection
            66(A),66(B),67(A),67(B)and72of I.T.(Amendment) Act.Learned counsel for the petitioner submitted that the petitioner has been
            falsely implicated in the case; though the petitioner's name was given in the
            F.I.R. with allegation of commission of rape of the victim, subsequently, in her
            statement undersection 164Cr.P.C. she has also named Shyam Mahto as one
            of the co-accused, who had also committed rape; said co-accused-Shyam
            Mahto has been granted bail and, as such, the petitioner deserves to be
            released on bail.Learned APP opposed the prayer for bail of the petitioner and submitted
            that there is direct allegation of commission of rape against the petitioner; the
            same has been also supported by the victim in her statement undersection 164Cr.P.C.; so far as co-accused-Shyam Mahto is concerned, there is no allegation
            of rape in the F.I.R. and the allegations are distinguishable.In view of the direct allegation against the petitioner, I am not inclined to
            release the above named petitioner on bail. Accordingly, the prayer for bail of
            the above named petitioner is rejected.( Narendra Nath Tiwari, J.)
s.b.