Ranjeet Mahto @ Ranjeet Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56866 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- CHANDI District- Nalanda ====================================================== Ranjeet Mahto @ Ranjeet Prasad, son of Raghunand Mahto, resident of village Nawada, P.S. Chandi, District Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Adv.

For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Chandi P.S. Case No. 325 of 2024 registered for the offences under Sections 341, 342 and 354(B) of the Indian Penal Code.

3. The prosecution case is that the petitioner is said to have forcefully locked the informant in her room and tried to molest her and when she raised alarm, he tried to kill her.

4. It is submitted by the learned counsel for the petitioner that the petitioner is quite innocent and falsely implicated in this case. It is only alleged that the petitioner tried to commit rape upon the informant. It is further submitted that there is an inordinate delay in lodging the F.I.R as the occurrence is said to have taken place on

Patna High Court CR. MISC. No.56866 of 2024(3) dt.25-09-2024 2/3 07.06.2024 but the F.I.R has been lodged on 09.06.2024 that is after delay of two days without giving any plausible explanation regarding the delay, which itself creates doubt about the prosecution case. The medical report does not support the present case. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the bail application by submitting that the submission of the victim was recorded under section 164 Cr.P.C. in which she has not supported the prosecution case.

6. Having regard to the facts and circumstances of the case as well as the fact that the medical report does not support the prosecution case as no sign of assault was found and considering the delay in lodging the F.I.R, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chandi P.S. Case No. 325 of 2024,

Patna High Court CR. MISC. No.56866 of 2024(3) dt.25-09-2024 3/3 subject to the condition as laid down under section 438(2) of the Cr.P.C.

Suruchi/- (Anjani Kumar Sharan, J) U T