Deena Nath Mahto @ Deena Nal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44908 of 2014 Arising Out of PS.Case No. -95 Year- 2014 Thana -PANDARAK District- PATNA ====================================================== Deena Nath Mahto @ Deena Nal Mahto, S/o Satendra Mahto, resident of Village Gulariya Tola, P.S. Pandarak, District Patna. .... .... Petitioner.

Versus

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

For the Petitioner : Mr. Ashok Kumar Kashyap, Adv. For the Opposite Party: Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 04-03-2015 The petitioner is in custody since 07.08.2014 in relation to Pandarak P.S. Case No.95 of 2014 instituted under Sections450/376/511 of the Indian Penal Code and Section-3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the petitioner draws attention of this Court to the first information report and submits that no offence under Sections-376 and 511 IPC is at all made out. Trying to commit rape and attempting to commit rape are two different things. It is only later which is punishable. He further submits that there is no fact which would constitute an offence under the

Patna High Court Cr.Misc. No.44908 of 2014 (02) dt.04-03-2015 2/2 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Be that as it may, the petitioner, namely, Deena Nath Mahto alias Deena Nal Mahto, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Barh, Patna in connection with Pandarak P.S. Case No.95 of 2014.

(Navaniti Prasad Singh, J.) Trivedi/- U T