Ramesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57128 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Ramesh Mahto, S/o Gulten Mahto, R/o Mohalla- Narulisen, Police StationMushahari, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 341, 324, 307, 376/55 of the Indian Penal Code. The prosecution case is that the petitioner and one Ramu Mahto made an attempt to ravish the informant. On alarm being raised, the husband of the informant came and this petitioner and others escaped from the scene, but the accused came again along with others and assaulted to the family members of the informant.
It is submitted by the learned counsel for the petitioner that for the occurrence of 12.01.2015 the complaint was filed on 20.01.2015 which came to be registered as police case on 04.07.2015. In the background of land dispute
Patna High Court Cr.Misc. No.57128 of 2015 (2) dt.18-12-2015 accusation has been levelled. Title Suit is pending between the parties. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. It is further submitted that petitioner lodged P.S. Case No. 08 of 2015 levelling accusation under Sections 147, 341, 323, 324, 447, 504, 506, 379 of the Indian Penal Code against the informant and her husband on 16.06.2015, hence in retaliatory measure the present case has been lodged.
Considering the delayed lodging of the case, case lodged by the petitioner side is at earlier point of time and Title Suit is pending between the parties, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Amit Kumar Tiwari, J.M., Ist Class, Muzaffarpur in connection with Mushahari P.S. Case No. 105 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T