Madan Kumar @ Madan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47340 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- MAHESI District- East Champaran ====================================================== Madan Kumar @ Madan Sahani, son of Suresh Sahni, resident of village Kothia Hariram, P.S. Mehsi, district East Champaran... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

M/s Umesh Chandra Verma & Rashmi Jha, Advs.

For the State :

Mr. Sri Ram Naresh Ray, APP 212 for the informant :

Mr. Dhirendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner, the informant and the learned Additional Public Prosecutor. This is a petition for grant of regular bail in connection with Mehsi P.S. Case No. 77 of 2018 for offences under Sections 323, 341, 354, 354A, 342, 354B, 376, 504 and 506/34 of the Indian Penal Code.

Accusation is that the petitioner to months prior to the present occurrence had raped the informant, but, the matter was materialized and, thereafter, she went to Delhi along with her husband. Again she returned back thereafter this petitioner also made an attempt to rape her, she raised alarm and she was rescued.

Learned counsel for the petitioner contends that the petitioner is cousin of the husband of the prosecutrix and there is some property dispute between both the sides and the

Patna High Court Cr.Misc. No.47340 of 2018(2) dt.02-08-2018 2/2 prosecutrix is a married lady, levelled the allegation of rape two months prior to the occurrence of rape, but, no complaint was lodged anywhere and the present case was instituted only to settle the property dispute and this petitioner has no criminal antecedent.

The learned counsel for the informant opposed the prayer for bail.

Having considered the aforesaid facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Mehsi P.S. Case No. 77 of 2018 to the satisfaction of the Additional Chief Judicial Magistrate, East Champaran at Motihari.

(Arun Kumar, J) ShamshadSaurabh/- U T