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Patna High CourtCR. MISC./63023/2023bail granted

Yogendra Mahto v. The State Of Bihar

2023-10-17Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63023 of 2023 Arising Out of PS. Case No.-529 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== YOGENDRA MAHTO SON OF LATE RAM BILASH MAHTO RESIDENT OF VILLAGE -DEODHA, WARD NO 02, PS- DEODHA, DISTTMADHUBANI ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Anish Chandra, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 379, 307, 386 and 354(B) of the Indian Penal Code and 27 of Arms Act.

3. As per the prosecution case, on 7 June, 2017 in the absence of her husband, this petitioner entered the

Patna High Court CR. MISC. No.63023 of 2023(2) dt.17-10-2023 2/3 house, assaulted on her abdomen and threatened to refund the loan with interest.

4. Leraned counsel for the petitioner submits, the present F.I.R has been lodged after delay of six months and there is no explanation for inordinate delay. He next submits that the present case has been lodged with false and concocted case in retaliation to Jaynagar PS. Case No. 44 of 2015 which was was lodged by this petitioner against the husband of the informant. Petitioner claims clean antecedent

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Court of Chief Judicial Magistrate Madhubani in connection with Town P.S. case No. 529 of 2022 , subject to the conditions laid down under section

Patna High Court CR. MISC. No.63023 of 2023(2) dt.17-10-2023 3/3 438(2) of the Code of CriminalProcedure.

(Prabhat Kumar Singh, J) Koushik/- U T