Gajju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29402 of 2020 Arising Out of PS. Case No.-38 Year-2019 Thana- MAHILA P.S. District- Vaishali ====================================================== Gajju Mahto Son of Sri Laldas Mahto Resident of Village- Chhaukia, P.S.- Ganga Bridge, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of anticipatory bail in Mahila P.S. Case No. 38 of 2019 registered for the offence under Sections 323, 341, 376, 511, 34 of the Indian Penal Code. As per the prosecution case, on 16-10-2019 at 2 AM (night), petitioner and two others entered into the house of the informant, while she was sleeping, and they tried to commit rape with her.

It is submitted on behalf of petitioner that present case is counter blast of Ganga bridge P.S. Case No. 178 of 2019, which has been lodged from the petitioner's side against the family members of the informant and petitioner is close door neighbour. The house of the petitioner is adjacent to the house

Patna High Court CR. MISC. No.29402 of 2020(2) dt.11-12-2020 2/2 of the informant and a false case has been lodged only with a view to put pressure on the petitioner.

However, learned A.P.P. for the State has vehemently opposed the bail application and submitted that there is specific allegation against this petitioner regarding attempt to commit rape with the informant.

Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioner stands rejected. (Prabhat Kumar Singh, J.) anay/- U T