Patna High CourtCR. MISC./49058/2016bail granted

Sudhir Mahto v. The State Of Bihar

2017-01-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49058 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -MAHILA PS District- JAMUI ====================================================== Sudhir Mahto S/o Late Govind Mahto, resident of Village- Chhatiyanee, P.S.- Chandradeep, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nagendra Dubey, Advocate For the Opposite Party : Mr. Pankaj Kr. Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 376, 511 and 379 of the Indian Penal Code. It has been submitted on behalf of petitioner that from perusal of the case diary, it appears that there is no independent witness to the said occurrence. It is further submitted that place of occurrence is said to be a field surrounded by fields of the other persons also and no any injury has been found on her person rather she has been examined medically. It has further been submitted that family members of the petitioner have also lodged a case against the informant and petitioner is in custody for the last five months.

Patna High Court Cr.Misc. No.49058 of 2016 (3) dt.10-01-2017 2/2 Heard learned A.P.P. also. He has opposed the prayer for bail.

Having heard both sides. In view of the fact that though the allegations are under Sections 376 and 511 of the Indian Penal Code but there is no eye-witness to the said occurrence and petitioner is languishing in judicial custody for about five months, let the abovenamed petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jamui in connection with Jamui Mahila P.S. case no. 15 of 2016.

(Vinod Kumar Sinha, J.) rinkee/- U T