Babulal Mahto And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.24360 of 2017 (4) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24360 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Babulal Mahto, Son of Sri Vishwanath Mahto,

2. Vidyarthi Mahto, Son of Vishwanath Mahto,

3. Suraj Mahto, Son of Sri Vishwanath Mahto, All Resident of VillageRudalpur, P.S.- Jogapatti, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jogapatti P.S. Case No. 60 of 2017, registered under Sections 341, 323, 324, 354-B and 504/34 of the Indian Penal Code. The accusation is that, on 06.02.2014, at about 2.20 P.M., the informant, Sarda Devi along with her 'Gotani' Usha Devi had gone to attend the call of nature in the field of Mansur Mian then petitioners reached there. At that time, petitioner nos. 1 and 2 caught hold the hand of informant from the back side and petitioner no. 1 tried to commit rape on her. On raising alarm,

Patna High Court Cr.Misc. No.24360 of 2017 (4) dt.25-08-2017 Usha Devi, tried to save the informant then they tore her blouse and fled away.

Learned counsel for the petitioners submits that, in fact, petitioners and the informant are agnates and due to land dispute they have been implicated in this case with false allegation to outrage the modesty of the informant.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, West Champaran, Bettiah, in connection with Jogapatti P.S. Case No. 60 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T