Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26522 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- VALMIKINAGAR District- West Champaran ====================================================== 1.

SURENDRA MAHTO, Son of Jagman Mahto, Resident of Village - Kanghusari, P.S.- Valmikinagar, Distt.- West Champaran. 2.

Bhagwan Mahto, Son of Mohanguro, Resident of Village - Katrahwa, P.S.- Laukariya,, Distt.- West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 Petitioners seek bail in anticipation of their arrest in connection with Valmikinagar P.S. Case No. 03 of 2019 registered for the offences punishable under Sections 341, 323, 376, 511 and 506/34 of the Indian Penal Code. Prosecution story is that while the informant was washing clothes at hand pump, the petitioners, along with other accused persons came and caught hold the hands of her and took her to the house and tried to commit rape upon her. Submission of learned counsel for the petitioners is that as a matter of fact there was scuffle between the female of both the parties and as such they have falsely been implicated and paragraph Nos. 9, 10, 11 of the case diary, including the

Patna High Court CR. MISC. No.26522 of 2019(4) dt.08-07-2019 2/2 statement of father-in-law of the informant show that no such occurrence has taken place.

Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri Firoj Akram, Judicial Magistrate, 1st Class, Bagaha, West Champaran, in connection with Valmikinagar P.S. Case No. 03 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T