Ram Ekbal Mukhiya @ Ram Ekbal Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.40790 of 2018 (2) dt.09-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40790 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -SAHARGHAT District- MADHUBANI ======================================================

1. Ram Ekbal Mukhiya @ Ram Ekbal Mukhiya S/o Ram Dev Mukhiya, R/o Vill.- Dumara, P.S.- Saharght, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Bharti Mr. Nitu Kumari No. 7 For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 16.2.2018, seeks bail in Saharghat PS Case No. 94 of 2017 registered under Sections 323, 379 and 354(B)/34 of the IPC.

The allegation in brief is that while the prosecutrix was returning back after withdrawal of money from the bank, she was intercepted by both the accused persons, including the petitioner, and they made an attempt of rape and her eight years' old son was also assaulted.

Learned Counsel for the petitioner submits that the prosecutrix is cousin of the petitioner, a married lady, and on account of land dispute false allegation has been made and the petitioner has been in custody for last six months.

Having considered the said facts and circumstances, the petitioner, namely, Ram Ekbal Mukhiya @ Ram Ekbal Mukhiya 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 SDJM Benipatti, Madhubani in connection with Saharghat PS Case No. 94 of 2017.

Snkumar/- (Arun Kumar, J) U T