Brij Nandan Mahato @ Brajesh Mahato v. The State Of Bihar

Patna High Court Cr.Misc. No.39234 of 2014 (3) dt.16-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39234 of 2014 Arising Out of PS.Case No. -117 Year- 2014 Thana -MANIYARI District- MUZAFFARPUR ======================================================

1. Brij Nandan Mahato @ Brajesh Mahato son of Surjnandan Mahto resident of village - Baghi Maniyar, P.S. - Maniyari, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 16.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 18.4.2014 in a case registered under sections 341, 342, 376 read with section 511 of the IPC.

Investigation of this case has already been completed but it is surprising enough that statement of victim was not recorded by the Investigating officer in course of investigation. Moreover, in course of investigation statements of two set of witnesses were recorded. Some witnesses supported the occurrence whereas another set of witnesses stated that the petitioner was implicated in this case on account of previous enmity. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.39234 of 2014 (3) dt.16-02-2015 amount each to the satisfaction of Sri Umesh Kumar Sharma, Judicial Magistrate, Ist Class, Muzaffarpur/concerned court in Maniyari P.S. Case no. 117/2014.

shahid (Hemant Kumar Srivastava,J) U T