Ramji Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.894 of 2020 Arising Out of PS. Case No.-108 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== RAMJI MAHTO Son of Khelawan Mahto Resident of Village - Gidha Fulwariya, P.S.- Mahindwara, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 354(B), 376/511, 379/34 of the Indian Penal Code.

In the emergency ward, the Fardbyan of the informant was recorded. It is alleged that while the informant had gone to her Naihar for performing Rakhi festival. While the informant was alone in house, the accused persons in drunken state entered the room of the informant and disrobed her. It is also alleged that

Patna High Court CR. MISC. No.894 of 2020(3) dt.17-06-2020 2/3 the accused persons gave teeth bite on different parts of body. The informant fell on the ground and the accused person attempted to commit rape upon her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is an old man aged about 70 years. The petitioner has been implicated in this case because his son was allegedly misbehaving with the victim. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Mahindwara P.S. Case No. 108 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.894 of 2020(3) dt.17-06-2020 3/3 Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T