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Patna High CourtCR. MISC./3950/2019bail granted

Santosh Jaiswal v. The State Of Bihar

2019-01-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3950 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== Santosh Jaiswal, aged 44 years, son of Late Sheonath Jaiswal, Resident of village-Samogar, P.S Kateya, District-Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kateya P.S. Case No. 43 of 2018 registered for the offence punishable under Sections 341, 323, 376 and 354/34 of the Indian Penal Code.

The allegation is regarding the petitioner having made an attempt to commit rape upon her sister-in-law and in the process had torn her clothes. However, the villagers arrived and the informant was saved from any untoward incident. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has a clean antecedent and he is languishing in custody since 29.11.2018. Lastly, it is submitted

Patna High Court Cr.Misc. No.3950 of 2019(2) dt.25-01-2019 2/2 that only because of land dispute, the petitioner has been falsely implicated in the present case although both the petitioner and the informant are belonging to the same family, having same descendants.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XV, Gopalganj in connection with Kateya P.S. Case No. 43 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T