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Patna High CourtCR. MISC./36334/2020bail granted

Ranjeet Mahto @ Ranjeet Kumar Mahton v. The State Of Bihar

2021-04-13Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36334 of 2020 Arising Out of Complaint Case No.-1413 Year-2019 TEGHRA District- Begusarai ====================================================== RANJEET MAHTO @ RANJEET KUMAR MAHTON SON OF BANGALI MAHTO RESIDENT OF VILL AMBA RAJU TOL PS TEGHRA DISTRICT BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Aditya Narayan Singh-I ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-04-2021 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner apprehends his arrest in Complaint case No. 1413/2019 for the offence allegedly committed by the petitioner under Section 354B and other minor Sections of the IPC.

The complainant alleged that on 19.07.2019 when his daughter-in-law went to attend the call of nature, Ranjeet Mahto, the petitioner, put her down on the ground and made efforts to outrage her modesty.

The learned counsel for the petitioner submits that the complaint was filed on 23.07.2019. The petitioner is next door

Patna High Court CR. MISC. No.36334 of 2020(2) dt.13-04-2021 2/3 neighbour and co-sharer of the complainant and on 06.06.2019 the wife of the petitioner lodged Teghra PS case No. 210/2019 against the informant and others that while the land was being measured the accused persons abused and assaulted the informant and also took away different articles. It is submitted that on account of institution of the case by the wife of the petitioner the complainant filed the complaint case making false and frivolous allegation. The court after enquiry found prima facie case only under Section 354B and other minor Sections of the IPC and not u/s 376/511 of the IPC.

The learned APP, however, opposed the prayer for anticipatory bail.

Having considered the submissions and on perusal of the records, it appears that petitioner is co-sharer of the complainant and wife of the petitioner lodged Teghra PS case No. 210/2019 u/s 447, 341, 323, 504, 506, 379/34 of the IPC on 06.06.2019. Admittedly, wife of the petitioner filed the case one and half months before filing of the present complaint case. There appears land dispute between two sides. Taking into consideration the facts aforesaid and the nature of allegation made against the petitioner, the petitioners, above named, in the event of his arrest/ surrender before the

Patna High Court CR. MISC. No.36334 of 2020(2) dt.13-04-2021 3/3 court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar, learned Judicial Magistrate, 1st class, Begusarai in connection with Complaint Case No. 1413/2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T