Mallu Mahto @ Maloo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11192 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -PALIGANJ District- PATNA ======================================================

1. Mallu Mahto @ Maloo Mahto S/o Shri Suresh Mahto, resident of Village- Lalganj Sehra, P.S.- Paliganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Bhushan For the Opposite Party/s : Mr. Md.Fahmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 376 of the Indian Penal Code. There is allegation of rape against the petitioner but when the statement of informant was recorded under Section 164 of the Cr.P.C, she stated that petitioner had only caught her and when she raised alarm, petitioner fled away from there. Although, the informant has filed a protest petition challenging the aforesaid statement recorded under Section 164 of the Cr.P.C. but considering the period of detention of the petitioner in jail custody as well as facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bonds

Patna High Court Cr.Misc. No.11192 of 2016 (2) dt.11-03-2016 2/2 of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Danapur in connection with Paliganj P.S. Case No. 156 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T