Patna High CourtCR. MISC./4426/2016bail granted

Santosh Mahto And ORS v. The State Of Bihar

2016-02-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4426 of 2016 Arising Out of PS.Case No. -604 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Santosh Mahto S/o Hiraman Mahto,

2. Prabha Devi, W/o Harendra Mahto,

3. Sharda Devi, W/o Hiraman Mahto, Both R/o Vill. - Chargawa Giri Tola, P.S. - Turkaulia, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376, 511, 323, 504 of the Indian Penal Code.

The prosecution case is that the co-accused Harendra Mahto used to tease the informant and on 18.04.2015 he made an attempt to ravish her. On protest being made co-accused Raju Mahto and petitioner No. 1 came and tore the cloths of the informant.

It is submitted by learned counsel for the petitioners that petitioners' side at earlier point of time submitted a written report against the informant and others on 25.03.2015 levelling accusations under Sections 341, 323, 307, 504, 354, 34 of the Indian Penal Code which came to be registered as police case on 07.07.2015, however the present

Patna High Court Cr.Misc. No.4426 of 2016 (2) dt.01-02-2016 2/2 case was lodged on 06.08.2015 for the occurrence of 18.04.2015.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the delayed lodging of the complaint and the case lodged by the petitioners' side at earlier point of time, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaurliya P.S. Case No. 604 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T