Bharat Mahto @ Bharat Kumar @ Prabindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5550 of 2020 Arising Out of PS. Case No.-64 Year-2017 Thana- MAHILA PS District- Jehanabad ====================================================== BHARAT MAHTO @ BHARAT KUMAR @ PRABINDRA KUMAR Son of Umesh Mahto @ Umesh Singh Resident of Village- Manan Bigha, P.S.- Paras Bigha, District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prithivi Raj Singh, Advocate.
For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-05-2020 This matter has been taken up through Video Conferencing.
Heard the parties.
The petitioner is languishing in custody for the offence punishable under Sections 457, 354, 354A and 506 of the Indian Penal Code.
Petitioner is in custody since 29.07.2019. Petitioner has got no criminal antecedent. Investigation of the case is already complete.
Allegation is that petitioner in a drunken condition entered into the house of the informant and attempted to ravish her.
Learned counsel for the petitioner submits that if the
Patna High Court CR. MISC. No.5550 of 2020(3) dt.29-05-2020 2/3 petitioner was in a drunken condition, he must have been apprehended as the informant made alarm and her uncle and aunt reached on the alarm. False and concocted allegation is there due to village politics.
Considering the entire facts aforesaid, especially completion of investigation and no chance of conclusion of trial in near future due to on-going lock-down, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mahila P.S. Case No. 64 of 2017 with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed
Patna High Court CR. MISC. No.5550 of 2020(3) dt.29-05-2020 3/3 only after production of the bailors within fifteen days of restoration of normal function of the Court.
(Birendra Kumar, J) mantreshwar/- U T