Babloo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50694 of 2017 Arising Out of PS.Case No. -1844 Year- 2016 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ====================================================== Babloo Mahto, Son of Rajjo Mahton @ Rajo Mahto, Resident of VillageChanan Bind Tola, P.S.- Chakia, Barauni, District- Begusarai. .... .... Petitioner

Versus

1. The State of Bihar.

2. Girni Devi, Wife of Mouji Mahton, Resident of Village- Chanan Bind Toli, P.O.- Simariya (Panchayat Simariya-2 Ward No.07), P.S.- Barauni, District- Begusarai.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 313, 323, 324, 341, 427, 506/34 of the Indian Penal Code.

Complaint based allegation against the petitioner is of commission of rape against Khusbu Kumari. Submission is that Khusbu Kumari had not been examined during enquiry under Section 202 Cr.P.C and matter might be of love affairs. Petitioner is in custody since 14.07.2017. Considering the aforesaid facts, let the petitioner,

Patna High Court Cr.Misc. No.50694 of 2017 (4) dt.10-01-2018 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Complaint Case No.1844(C) of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T