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Patna High CourtCR. MISC./23345/2015bail granted

Krishna Mahto v. The State Of Bihar

2015-07-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23345 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -MAHILA P.S. District- SARAN ======================================================

1. Krishna Mahto S/o Late Ram Chandra Mahto Resident of Village Padumpur, P.S. Mashrakh, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umeshanand Pandit For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-7-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also heard learned counsel, appearing for the informant. It is alleged that petitioner committed rape on informant while she was returning to her home. It is admitted case of the informant that petitioner happens to be elder brother-in-law of informant's younger sister-in-law.

The contention on behalf of the petitioner is that the younger sister-in-law of the informant lodged complaint case as well as criminal case against her husband as well as his family members including the petitioner in the year, 2011 and 2013 respectively, and as a matter of fact,

Patna High Court Cr.Misc. No.23345 of 2015 (2) dt.13-7-2015 2/2 the relation of younger brother of the petitioner was strained with younger sister-in-law of the informant. It is also pointed out by him that much prior to institution of the present case, petitioner had already filed complaint case against the elder sister-in-law of the informant and when the elder sister-inlaw of the informant and other accused of the above-said case came to know about the institution of the said case, the informant lodged present case at the instance of her younger sister-in-law.

Considering the facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Mahila P.S. Case No. 08 of 2015 to the satisfaction of Learned Chief Judicial Magistrate, Saran at Chapra.

(Hemant Kumar Srivastava, J) A.K.V./- U T