Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57933 of 2019 Arising Out of PS. Case No.-148 Year-2015 Thana- BHAGWANPUR District- Vaishali ====================================================== DILIP MAHTO Son of Devi Lal Mahto Resident of Village- Birna, P.S.- Vaishali (Belsar O.P.), District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case no. 148 of 2015, registered under Sections 376/120B of the Indian Penal Code.

While the informant was proceeding for defecation, petitioner coming from rear side caught her hold and tying her face with Gamchha took her in Chaur and committed rape against her and left the scene untying Gamchha. On hulla, her cousin brother-in-law rushed there and in turn called the villagers and all of them apprehended the petitioner but his in-laws managed to extricate him. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.57933 of 2019(3) dt.16-11-2019 2/3 that no such occurrence as alleged ever took place. As a matter of fact, petitioner had gone to his in-laws house and there was some dispute between the informant and his in-laws people and the petitioner had intervened the quarrel between them and being annoyed with the same family of the informant got this false and frivolous case lodged against the petitioner though the informant. Both the parties have compromised the matter. Hence petitioner may be enlarged on anticipatory bail. On the other hand, learned APP for the State vehemently opposing the bail petition submitted that there is direct allegation against the petitioner of committing rape against the victim by tying her face and forcibly taking her in Chaur. Victim in her statement recorded under Section 164 Cr.P.C. has fully supported the occurrence. Hence the petitioner does not deserve anticipatory bail.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Prayer for bail of the petitioner is rejected. However, petitioner is directed to surrender before the learned court below within six weeks from today and seek regular bail and the learned court below shall dispose of the bail petition of the petitioner in

Patna High Court CR. MISC. No.57933 of 2019(3) dt.16-11-2019 3/3 accordance with law without being prejudiced by this order. (Prakash Chandra Jaiswal, J) mantreshwar/- U T