Kanhai Mahto @ Girish Kumar@Kanhaiya Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18542 of 2016 Arising Out of PS.Case No. -317 Year- 2015 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== KANHAI MAHTO @ GIRISH KUMAR @ KANHAIYA KUMAR S/o Ram Ashish Mahto Resident of Village- Surhachatti, P.S. Ashok Paper Mill, District- Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar

2. Sunita Devi W/o Shankar Mahto Resident of Village- Surhachatti, P.S. Ashok Paper Mill, District- Darbhanga.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Siddhartha Prasad, Advocate For the State : Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 302 and 201 of the Indian Penal Code.

It is alleged that on 12.01.2012 at 7.00 P.M. the petitioner had stated the victim girl Mausam Kumari that her father was calling at the shop of the informant.

However, it is contended on behalf of the petitioner that apart from the above, there is no allegation against him and there is only suspicion against him. It is further contended that the petitioner's side had also lodged a First Information Report

Patna High Court Cr.Misc. No.18542 of 2016 (2) dt.06-05-2016 against the informant's side and, therefore, only for that reason, the name of the petitioner has been taken in this case. It is also contended that the police has submitted final form exonerating the petitioner but cognizance of the offence has been taken against him by the court below.

Having regard to the facts and circumstances of the case, let the abovenamed petitioner, namely, Kanhai Mahto @ Girish Kumar @ Kanhaiya Kumar, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in C.R. Case No. 317 of 2015on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Darbhanga, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) SC/- U T