Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10432 of 2023 Arising Out of PS. Case No.-148 Year-2015 Thana- BHAGWANPUR District- Vaishali ====================================================== Dilip Mahto Son Of Devi Lal Mahtto R/O Village- Birma, P.S.- Belsar, District- Vaishali At Hajipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Ban Bihari Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 376, 120(B) of the Indian Penal Code.

The allegation against the petitioner is that he ravished the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that father in law of the petitioner and the

Patna High Court CR. MISC. No.10432 of 2023(3) dt.08-05-2023 2/3 informant are co-villager and they have land dispute. The victim has no source of light to identify the petitioner because the place of occurrence is Chawar and time of occurrence is 8 p.m. There is no external or internal injury sustained by the informant. It is further submitted by way of supplementary affidavit that good sense has been prevailed between the parties. Informant is major and married lady. Moreover, the petitioner is languishing in judicial custody since 10.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhagwanpur P.S. Case No. 148

Patna High Court CR. MISC. No.10432 of 2023(3) dt.08-05-2023 3/3 of 2015 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Vaishali, Hajipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T