Narayan Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32760 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- BHEJA District- Madhubani ====================================================== NARAYAN KUMAR MAHTO Son of Late Ram Sundar Mahto Resident of Village - Lahavan, P.S.- Bheja, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2021 Heard both parties.

The petitioner seeks bail in Bheja P.S. Case No. 16 of 2020, registered for the offence punishable under Section 376 and 511 of the Indian Penal Code.

As per the prosecution case, this petitioner attempted to commit rape with the informant.

It is submitted on behalf of the petitioner that there is case and counter case. In fact, some money was taken by the father of informant from the petitioner and when the petitioner demanded his money back, the same was refused and he has been falsely implicated in this case. Chargesheet has already been submitted. Petitioner is in custody since 05.07.2020. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on

Patna High Court CR. MISC. No.32760 of 2020(3) dt.18-01-2021 2/2 furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IIIrd, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 16 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T