Jitendra Kumar Bharti @ Tuntun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67928 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- ANDHRATHARHI District- Madhubani ====================================================== Jitendra Kumar Bharti @ Tuntun Mahto, S/o Baleshwar Mahto, Resident of Village- Madhuban, P.S.- Andhrathadhi, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Lal Das For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 456,427,341,323,354B,504 and 506 of the IPC.

The prosecution case as per the written report of Munni Devi submitted to the SHO, Andhrathari Police Station is to the effect that on 17.7.2018 at 11 P.M., the petitioner entered into the house of the informant and made attempt to ravish her. It is submitted by learned counsel for the petitioner that in the background of inimical relationship, the accusation has been levelled. It is further submitted that there is no medical report of the informant on record as she was never examined by the doctor and even assuming the accusation to be true, no offence under Section 354B of IPC is made out. Statement has been made in

Patna High Court Cr.Misc. No.67928 of 2018(2) dt.14-12-2018 2/2 paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that there is specific accusation against the petitioner.

Considering the fact that the petitioner is neighbour of the informant and there was dispute between them from before coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM III, Jhanjharpur, in connection with Andhrathadhi P.S. Case No. 80 of 2018subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U