Patna High CourtCR. MISC./62381/2017bail granted

Santosh Das v. The State Of Bihar

2018-02-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62381 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -LAUKHI District- MADHUBANI ====================================================== Santosh Das Son of Late Bechan Das Resident of village- Narhaiya, TolaDhanjaiya, P.S.- Laukahi, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 376 of the Indian Penal Code.

Counsel for the petitioner submits that the occurrence is said to have taken place in the courtyard of one Runti Devi. But the said Runti Devi has denied the allegation by swearing an affidavit which is Annexure 3 of the bail application. On denial of the occurrence, the husband of the prosecutrix assaulted the said Runti Devi for which an FIR bearing Laukahi P.S. Case No. 179 of 2017 was registered. There is existing land dispute between the parties and the petitioner has falsely been implicated in the instant case. He is in custody since 22.07.2017.

In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.62381 of 2017 (3) dt.02-02-2018 2/2 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jhanjharpur, Dist. Madhubani in Laukahi P.S. Case No. 151 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U