Patna High CourtCR. MISC./55169/2016bail granted

Mahendra Mahto And ANR v. State Of Bihar And ANR

2017-01-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55169 of 2016 Arising Out of PS.Case No. -1887 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Mahendra Mahto S/o Late Bhairo Mahto &

2. Upendra Mahto, S/o Late Bhairo Mahto .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case No. 1887 of 2014 registered under Sections379/34 & other minor sections of the Indian Penal Code. Petitioners have been summoned in Complaint Case No. 1887 of 2014 on the accusation of assaulting, abusing and outraging the modesty of the opposite party No. 2 (complainant) but submission on behalf of petitioners is that wife of petitioner No. 1 lodged Korha P.S. Case No. 288 of 2013 against husband of the present complainant and in retaliation to the aforesaid case, the complainant lodged the present false case against petitioners and others.

Patna High Court Cr.Misc. No.55169 of 2016 (2) dt.11-01-2017 2/2 No doubt, the inquiring court having found a prima facie case, ordered to issue process against the petitioners to procure their attendance but in view of the aforesaid submissions, in my view, it is a fit case for grant of anticipatory bail. Accordingly, this anticipatory bail petition is allowed and it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 1887 of 2014 to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Katihar.

(Hemant Kumar Srivastava, J) A.K.V./- U T