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Patna High CourtCR. MISC./1139/2017bail granted

Mantu Chaudhary v. The State Of Bihar

2017-01-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1139 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Mantu Chaudhary son of Subash Singh, R/o village Madurna, P.S. Chainpur, District- Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Chainpur P.S. Case No. 234 of 2016, G.R. No. 2596 of 2016 for the offences instituted under Sections 448 and 354(B)/34 of the Indian Penal Code.

The allegation against the petitioner is that while the informant was slept in his house, the petitioner entered into her house and caught her chest and tried to outrage her modesty but when she raised alarm, the petitioner fled away. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Vide

Patna High Court Cr.Misc. No.1139 of 2017 (2) dt.13-01-2017 2/2 Annexure-2 to the present application, it is evident that a settlement of the pond was made, in which, the father of the petitioner and the husband of the informant are the share holders and due to dispute in the share, the present false case has been instituted against the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Chainpur P.S. Case No. 234 of 2016, G.R. No. 2596 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur at Bhabua, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) Amit/- U T