Hari Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52145 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== HARI BHAGAT Son of Late Bharat Bhagat Resident of Village - Chhaukiya, P.S.- Ganga Bridge, Dist.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ganga Bridge P.S. Case No. 108 of 2019 for the offences punishable under Sections 376 & 511 of the Indian Penal Code. The allegation is regarding the petitioner having intercepted the mother and niece of the informant while they were going together, at a lonely place, whereafter, the petitioner had tried to tease the mother of the informant and had torn her clothes with bad intention, however, when the villagers gathered there, the petitioner was caught and handed over to the police. The learned counsel for the petitioner submits that the allegation levelled against the petitioner is highly improbable as the mother of the informant is about 50 years of

Patna High Court CR. MISC. No.52145 of 2019(3) dt.27-09-2019 2/2 age and moreover, the petitioner is having a clean antecedent and is languishing in custody since 19.06.2019. Lastly, it is submitted that no statement under Section 164 Cr. P.C. has been recorded as far as the victim of the case is concerned which further shows that a false case has been lodged against the petitioner with ulterior motive.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 108 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T