Mahendra Mistri And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.5189 of 2018 (2) dt.02-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5189 of 2018 Arising Out of PS.Case No. -251 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ======================================================
1. Mahendra Mistri, Son of Late Basant Mistri,
2. Chandar Mistri, Son of Late Basant Mistri,
3. Navin Mistri, Son of Late Dukha Mistri,
4. Vinod Mistri @ Binod Mistri, Son of Late Gholti Mistri @ Bholi Mistri, All are resident of Village- Alamnagar, Ward No.02, P.S.- Alamnagar, District- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2018 Heard both sides.
The petitioners apprehend their arrest in Alamnagar P.S. Case No.251 of 2017 registered under Sections 307 and other Sections of the Indian Penal Code.
The informant named the petitioners along with other accused persons and alleged that they all entered into her house. Jyoti Mistri tried to outrage her modesty. On alarm, husband of the informant came but even thereafter the petitioners made her naked. The learned counsel for the petitioners submits that prior to institution of the present case, the daughter of Vinod Mistri, petitioner No.4 lodged Alamnagar P.S. Case No.250 of
Patna High Court Cr.Misc. No.5189 of 2018 (2) dt.02-02-2018 2017 that Dilo Jha made an abortive attempt to commit rape with her but she somehow saved her and caught Dilo Jha. On alarm, many villagers came while the victim and other villagers were taking Dilo Jha to police station but the husband and the father-inlaw of the informant came and tried to get free Dilo Jha from the custody of the victim and the villagers that is why this false case has been lodged thereafter. On the basis of the statement of the daughter of petitioner No.4, Alamnagar P.S. Case No.250 of 2017 is registered.
Considering the facts aforesaid, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Uda Kishunganj(Madhepura) in connection with Alamnagar P.S. Case No.251 of 2017, G.R. No.1308 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T