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Patna High CourtCR. MISC./42427/2015bail granted

Pradeep Kumar Mahto @ Pradeep Mahto v. The State Of Bihar

2015-12-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42427 of 2015 Arising Out of PS.Case No. -192 Year- 2014 Thana -PANDAUL District- MADHUBANI ======================================================

1. Pradeep Kumar Mahto @ Pradeep Mahto S/O Satto Mahto @ Satya Narayan Mahto, resident of village- Vihnagar, P.S.- Pandaul, DistrictMadhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Smt. Sangita Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 376/511, 354(B), 323, 341, 504/34 of the Indian Penal Code.

The informant filed a complaint case No. 1154/2014 on the basis of which the present FIR is lodged. The informant alleged that while she was cutting grass on the ridge, the petitioner firstly offered Rs. 100/- to have physical relation but on refusal the petitioner made an attempt to outrage her modesty. It is submitted that the occurrence took place on 03.08.2014 but the complaint petition was filed on 11.08.2014 and the true facts are that the informant and her husband were plucking

Patna High Court Cr.Misc. No.42427 of 2015 (3) dt.03-12-2015 2/2 brinjal in the filed of the petitioner and when father of the petitioner forbade them, this false case has been lodged. Even during the course of investigation none of the witness has supported the version of the informant rather they have stated that some verbal altercation took place. There is counter version also being Pandaul P.S. case No. 193 of 2014.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned 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 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in Pandaul P.S. Case No. 192 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T