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Patna High CourtCR. MISC./54857/2017bail granted

Shib Mahto @ Shibu Mahto v. The State Of Bihar

2017-11-20Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.54857 of 2017 (2) dt.20-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54857 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Shib Mahto @ Shibu Mahto, Son of Mantu Mahto, Resident of VillageKaithewaliya, P.S.- Kuchikat, District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kuchikat P.S. Case No. 71 of 2017, registered under Sections 354(3), 376, 511 and 379 of the Indian Penal Code. The accusation is that while the complainantinformant along with her child was sleeping at the roof then at that time, this petitioner reached there and tried to commit rape. On raising alarm, petitioner moved from there snatching her gold chain.

Learned counsel for the petitioner submits that petitioner is the brother-in-law of the complainant-informant and he has falsely been implicated in this case due to family dispute.

Patna High Court Cr.Misc. No.54857 of 2017 (2) dt.20-11-2017 Moreover, complainant-informant has filed the compromise petition on 01.05.2017 in the court of Additional Chief Judicial Magistrate-VII, Gopalganj, which would appear from Annexure 2 to the petition.

Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VII, Gopalganj, in connection with Kuchikat P.S. Case No. 71 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T