Bhikhari Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1484 of 2016 Arising Out of PS.Case No. -319 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhikhari Mukhiya son of Late Laxmi Mukhiya Resident of village Santpur Khekhariya Tola, P.S.- Nautan, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivjee Singh For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 20-09-2015 on the accusation that he, having entered the house of informant, tried to commit rape upon her but when the informant raised alarm, the petitioner, mercilessly, beaten her and also, uttered her caste name. The contention on behalf of the petitioner is that no such occurrence, as alleged in the first information report, has ever taken place and as a matter of fact, a quarrel took place between the parties, who happens to be co-residents and after that, the informant lodged this case with exaggerated story. Considering the period of detention of the petitioner in jail custody as well as submission of the parties, let the petitioner

Patna High Court Cr.Misc. No.1484 of 2016 (2) dt.15-01-2016 2/2 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 Nautan P.S. Case No. 319 of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Bettiah, West Champaran.

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