Kaushal Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10625 of 2019 Arising Out of PS. Case No.-89 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Kaushal Mahton, aged about 31 years, male, Son of Late Rajendra Mahto Resident of Village- Gauripur, P.S.- Nawkothi, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 31.10.2018 in a case registered for the offences punishable under Section 354(B) of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on 25.08.2018, the informant Sitabiya Devi was sleeping in community hall of Samudayik Bhawan, when the petitioner came and slept next to the informant and attempted to ravish her. On alarm being raised, the son and daughter-in-law of the informant came to rescue, thereafter petitioner resorted to fire, which did not hit anyone and he escaped from the place of occurrence. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.10625 of 2019(2) dt.22-02-2019 2/2 that the informant as per the Panchayat Voter List, prepared in 2016, is 80 years old. It is further submitted that in fact, it is the informant took a loan amount of Rs.15,000/- from the petitioner and despite of asking for the same, the informant did not return. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that there is specific accusation against the petitioner.

Considering the fact that for the alleged occurrence of 25.08.2018, FIR has been registered on 01.09.2018, the accusation not being corroborated by any medical opinion, as there is no reference to the same either in the FIR or in the impugned order, coupled with the fact that investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM-1st Class, Begusarai in connection with Nawkothi P.S. Case No.89 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T