Krishna Mohli v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27573 of 2015 Arising Out of PS.Case No. -63 Year- 2014 Thana -DANDKHORA District- KATIHAR ======================================================
1. Krishna Mohli S/o - Babulal Mohli R/o- Kothi Tola, Chirkutti, P.S.- Dandkhora(Hasanganj), District- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in a case registered under Section 376 and other allied Sections of the Indian Penal Code and Section POCSO Act.
The prosecution case in, brief, is that on 20.5.2014 when the informant/victim was sleeping in her room, the petitioner entered and attempted to commit rape upon her, who was apprehended but he was freed by other named accused persons after abusing and assaulting them.
On behalf of the petitioner, it has been submitted that the petitioner is in custody since 7.5.2015. There is no criminal antecedent against the petitioner. The petitioner is named
Patna High Court Cr.Misc. No.27573 of 2015 (2) dt.31-07-2015 2/2 in the FIR. It is further submitted that the petitioner has been made accused in this case due to mistake of fact. It is also submitted that the petitioner may be released after completion of six months in custody from 7.5.2015.
On behalf of the State, it is submitted that the petitioner is named in the FIR. There is specific allegation against the petitioner.
Considering the facts aforesaid, let above named petitioner be released on bail, after competition of six months in custody from 7.5.2015, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-1 -cum- Special Judge, Katihar, in Dandkhora P.S.Case No. 63/2014. .
(Sudhir Singh, J) singh/- U T