IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18813 of 2008 SUSHIL MAHTO Versus STATE OF BIHAR ----------- 4. 28.7.2008 Heard the learned counsel for the petitioner and the State. The petitioner is an accused for the offences under sections 323 and 377/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is about 15 years of age as per the allegation in the F.I.R. It is stated that he is in custody since 10.8.2007, the date on which he surrendered. His plea of bail was rejected earlier by this Court as per the order 17th December, 2007 passed in Cr.Misc.No.53244 of 2007, vide Annexure 1 to the application. Learned counsel submits that the bail was rejected “for the present”. It is further submitted that on perusal of the medical report submitted by the Medical Board, it would appear that during the medical examination of the victim boy, no external injury was found over the body nor any injury could be detected on deep inspection 2 of anal canal. It is further submitted that the informant boy during the village function was showing pornography magazine to different boys which led to some dispute. For that reason, the present case has been filed implicating the petitioner. It is further submitted that the petitioner is a school boy and has been implicated in the case for ulterior purposes. Considering the submissions, as noticed above, and the materials brought on the record, it is directed that the petitioner Sushil Mahto 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 Chief Judicial Magistrate, Bhojpur at Ara, in connection with Koilwar P.S. Case No.74/07. PNM (Shailesh Kumar Sinha, J.)