Nand Bihari Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44003 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Nand Bihari Mishra, Son of Late Harihar Mishra, Resident of VillageRamdiha, P.S.- Chakia, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Gautam For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-07-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Chakia P.S.Case No. 58 of 2018 registered under Sections 376, and 511 of the Indian penal Code. Allegation in brief is that the petitioner in the night was making an attempt of rape to a mentally retarded lady. Submission is that the allegation is fabricated and petitioner has been falsely implicated in this case. There is neither medical examination of so called victim nor there is statement of the victim as she was not capable of making statement and the petitioner has remained in custody for last four months and has no criminal antecedent.

Having considered the aforesaid facts and circumstances, the petitioner, namely , Nand Bihari Mishra is directed to be

Patna High Court Cr.Misc. No.44003 of 2018(2) dt.26-07-2018 2/2 released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. East Champaran at Motihari in connection with Chakiya P.S. Case No. 58 of 2018.

(Arun Kumar, J) Sujit/ Saurabh U T