Patna High CourtCR. MISC./7352/2015bail granted

Mathura Das v. The State Of Bihar

2015-02-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7352 of 2015 (2) dt.26-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7352 of 2015 Arising Out of PS.Case No. -1676 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Mathura Das S/o Khakho Das Resident of Village Dighra, P.S. Laxmipur, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 26.02.2015 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the complainant.

The accusation against the petitioner is that he committed rape on the informant several times.

Submission on behalf of the petitioner is that much prior to filing of the present complaint case, wife of the petitioner had lodged complaint case against the husband of the complainant for the offence under section 376 of the IPC.

It appears that both parties have filed cases against each others with story of rape.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that on the basis of complaint case cognizance has been taken against the petitioner, this anticipatory bail petition is allowed and it is ordered that in the

Patna High Court Cr.Misc. No.7352 of 2015 (2) dt.26-02-2015 event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri R. Narayan, Judicial Magistrate, Ist Class, Jamui/concerned court in Complaint case no. 1676C/2012 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T