Patna High CourtCR. MISC./18315/2017bail granted

Mukesh Kumar @ Mukesh Mahto v. State Of Bihar And ANR

2017-04-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18315 of 2017 Arising Out of PS.Case No. -863 Year- 2015 Thana -COMPLAINT CASE District- LAKHISARAI ======================================================

1. Mukesh Kumar @ Mukesh Mahto, Son of Ramotar Mahto, resident of Village- Dighri, P.S.- Manikpur (Suryagarha), District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi @ Savo Devi, Wife of Niraj Mahto, resident of VillageAvagil Rampur Husaina, P.S.- Medani Chauki, District- Lakhisarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Gautam, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 323/376/379/34 of the Indian Penal Code.

Allegation is that the male accused persons of the relation of the informant raped her at different places. Submission is that for land dispute the false case has been lodged. The police after investigation found the allegation false and final form submitted in Medni Chauki P.S. Case No.9 of 2013. Thereafter on protest the complaint case is going on.

Patna High Court Cr.Misc. No.18315 of 2017 (2) dt.18-04-2017 2/2 Similarly situated co-accused Amit Kumar has already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.6532 of 2017.

Considering the aforesaid facts, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate, Lakhisarai/Successor Court, in connection with Complaint Case No.863C of 2015, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. (Birendra Kumar, J) Mkr./- U T