Baiju Mahto @ Baiju Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7760 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- JURAWANPUR District- Vaishali ====================================================== BAIJU MAHTO @ BAIJU KUMAR MAHTO Son of Rupan Mahto R/vRaghopur West Bitoliya, P.S.- Jurawanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rina Sinha For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 354, 504 and 506 of the Indian Penal Code.

As per prosecution case, when the informant was going to attend nature's call, the petitioner came there and pushed her down and tried to outrage her modesty. It is further alleged that the petitioner assaulted her by means of brick and fist and made her half naked.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.7760 of 2023(2) dt.13-04-2023 2/2 He submits that both the informant and the petitioner are own pattidar and land dispute is going on between both the parties. There is case and counter case between the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that both the parties are agnates, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jurawanpur P.S. Case No. 128 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T