Patna High CourtCR. MISC./21308/2021bail granted

Harmohan Mahto v. The State Of Bihar

2021-11-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21308 of 2021 Arising Out of PS. Case No.-22 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== HARMOHAN MAHTO Son of Late Jagdish Mahto Resident of Village - Bobil Phulwaria, P.S. - Beldaur, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Mahila P.S. Case no. 22 of 2019 registered for the offence punishable under sections 376 and 511 of the Indian Penal Code.

Learned counsel for the petitioner at the outset submits that petitioner is person with clean antecedent and it is case of attempt of rape. Further, it has been specifically pleaded at para 11 of the petition that victim was requested by the police for medical check up but she did not agree for it rather she disclosed that attempt was made and accused person fled away. Further, FIR has been instituted after a delay of three days i.e., occurrence took place on 03.05.2019 and FIR was lodged on 06.05.2019.

Patna High Court CR. MISC. No.21308 of 2021(2) dt.16-11-2021 2/2 Learned APP vehemently opposed the prayer for bail. Considering the facts that petitioner is in jail custody since 28.09.2020, charge sheet has been submitted and victim also not disclosed about rape except that accused tried to tease her and fled away when people gathered as such petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Mahila P.S. Case no. 22 of 2019.

(Satyavrat Verma, J) s.hassan/- U T