Mani Kant Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16524 of 2016 Arising Out of PS.Case No. -947 Year- 2005 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Mani Kant Jha Son of Late Upendra Jha Resident of Village- Sripur Mouan, P.S.-Singhia, District-Samastipur (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Rachna Devi Wife of Naresh Jha Resident of Village-Sripur Mouan, P.S.- Singhia, District-Samastipur (Bihar).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-376/34 of the Indian Penal Code.

The complainant filed complaint case on 19-10-2005 in respect of an occurrence, which had taken place on 17-10-2005. The accusation against petitioner is that he along with one co- accused committed rape upon the complainant. Submission on behalf of petitioner is that the present case was lodged on account of previous enmity and land dispute and as a matter of fact, no such occurrence had taken place.

Patna High Court Cr.Misc. No.16524 of 2016 (2) dt.26-04-2016 2/2 Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 947 of 2005 to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur.

(Hemant Kumar Srivastava, J) A.K.V./- U T