Mahesh Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.26375 of 2017 (02) dt.12-06-2017 - 1 -
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26375 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -HASPURA District- AURANGABAD ====================================================== Mahesh Kumar, S/o Late Ranjeet Singh, R/o Village Gandhi Nagar, P.S. Haspura. District-Aurangabad (Bihar). .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party. ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Singh, Adv. For the Opposite Party: Mr. Nand Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-06-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks regular bail in Haspura P.S. Case No.13 of 2017 registered for the alleged offences under Sections 454, 354, 354 A, 376/511 of the Indian Penal Code. As per the prosecution case, the petitioner has tried to outrage the modesty of the daughter of the informant by entering into his house in the night and managed to escape on the alarm made by the victim.
It has been submitted by learned counsel for the petitioner that the petitioner is an innocent person and due to animosity he has been falsely implicated in this case. The fact of the matter is that the victim (Rinki Kumari) was in love with the petitioner and they had eloped three years back for which the informant had filed Haspura P.S. Case No.130 of 2014. In the
Patna High Court Cr.Misc. No.26375 of 2017 (02) dt.12-06-2017 - 2 - said case, the victim had given her statement under Section 164 Cr.P.C. to the effect that she was in love with the petitioner and had eloped with him to Punjab. He has filed the said confessional statement of the victim in buttress of his statement. The petitioner has been languishing in jail since 19.01.2017. Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II, Aurangabad in Haspura P.S. Case No.13 of 2017. (Prakash Chandra Jaiswal, J.) Trivedi/- U T