Parmod Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21609 of 2023 Arising Out of PS. Case No.-45 Year-2022 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Parmod Mahto S/O Basudeo Mahto R/O Village- Gerua Pursanda, P.S- Halsi, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The state of bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 376, 504/34 of the Indian Penal Code.
3. As per allegation in the FIR, in absence of the informant's husband, petitioner entered into the house of the informant and committed rape upon her.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is a shopkeeper and the informant is his neighbor. Informant had taken borrowed domestic goods worth Rs. 19,500/- from the shop his shop, thereafter this false case has been lodged on demanding to return the borrowed money. Medical report of the
Patna High Court CR. MISC. No.21609 of 2023(3) dt.28-08-2023 2/2 victim does not corroborate the prosecution version. There is delay of two days in lodging the FIR. Petitioner has got no criminal antecedent and languishing in judicial custody since 11.10.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Lakhisarai in connection with Mahila PS Case No. 45 of 2022. (Sunil Kumar Panwar, J) sushma/- U