Patna High CourtCR. MISC./11490/2020bail granted

Mohan Singh v. The State Of Bihar

2020-02-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11490 of 2020 Arising Out of PS. Case No.-1078 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== MOHAN SINGH S/o Late Navalak Singh R/o village- Gwal Toli, Chunauti Kuan, Phulwarisharif, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prasad For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 376, 511, 504, 506, 284/34 of the Indian Penal Code.

The prosecution case in short is that the accused person entered into the house of the informant and tried to outrage the modesty of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.12.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is a section 107 Cr.P.c.

Patna High Court CR. MISC. No.11490 of 2020(2) dt.28-02-2020 2/2 proceeding pending between the parties and for that reason, the present prosecution has been made. It is a case of malicious prosecution.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Sub-Judge-IX-cum- A.C.J.M., Patna in connection with Phulwarisharif P.S. Case No. 1078/2019.

(Sudhir Singh, J) Pankaj/- U T