Mantosh Singh @ Fantus v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2564 of 2016 Arising Out of PS.Case No. -300 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Mantosh Singh @ Fantus Son of Sanjay Rai, Resident of village- Aruhi, P.S.- Kargahar, District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mina Devi Wife of Anrudh Rai, Resident of village- Aruhi, P.S.- Kargahar, District- Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Khurshid Alam For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 365, 368, 354(A)/34 of the Indian Penal Code and under section 8/9 of Prevention of Child from Sexual Offences Act.

The prosecution case is that the daughter of sister of the informant, aged about 12 years, went outside the house at 1 PM on 08.11.2015 and thereafter she became traceless. Subsequently, the petitioner came and enquired about the victim. After half an hour the petitioner again came with his younger brother, Rakesh Singh @ Bittu and called the informant and in the meantime the brother of the informant left the victim in semi conscious position at the

Patna High Court Cr.Misc. No.2564 of 2016 (2) dt.18-01-2016 2/2 door of informant and fled away.

It is submitted by the learned counsel for the petitioner that due to business rivalry the petitioner has been roped in this case as the petitioner runs a grocery adjacent to the shop of informant. The victim girl in her statement under section 164 of the Cr. P. C. has not named the petitioner. During the medical examination the victim has been found to be 14-15 years of age. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-2, Sasaram (Rohtas) in connection with Kargahar P.S. Case No. 300/2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T