Maheshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52530 of 2015 Arising Out of PS.Case No. -592 Year- 2013 Thana -DANAPUR District- PATNA ====================================================== Maheshwar Prasad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Yadav For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Danapur P.S.Case No. 592 of 2013 registered for offences punishable under Sections 341, 342, 323, 506, 509, 354, 376, 384, 420/34 of the Indian Penal Code.
The prosecution case is that one Manju Devi, informant, working as agent of Sahara and L.I.C. has given her written report before S.P., Patna that one Sanjay Kumar helped to give policies by some persons to the informant. The informant and Sanjay are friends. The informant went to the office of Sanjay in July, 2012 at Danapur, in the meantime in the office, Sanjay Kumar and two other persons namely, Uday Shankar Yadav and Maheshwar Prasad were present in the office of Sanjay Kumar and thereafter
Patna High Court Cr.Misc. No.52530 of 2015 (2) dt.27-11-2015 2/3 Sanjay closed the door of the office and all of them started assaulting the informant and opened her clothes forcefully and committed rape one by one with the informant. Sanjay even took her photograph in naked stage. After that the informant executed sale deed in favour of brother-in-law of Sanjay Kumar, namely, Sravan Kumar, who has not paid total consideration money to the informant. After that Sanjay came in April, 2013 to the house of the informant and took signature of the informant on stamp paper threatening her to distribute photograph of the informant in public. It has been submitted by the learned counsel for the petitioner that the informant, namely, Manju Devi was having enimical relation with Sanjay Kumar, who had also lodged a case against the informant in which the said Sanjay Kumar has also submitted that said Manju Devi, the informant in her deposition has failed to identify the petitioner and other persons, who had joined hands with each other.
A co-ordinate Bench of this Court has already been granted bail to Uday Shankar Yadav passed in Cr. Misc. No. 25196 of 2014 vide order dated 15.09.2015.
I see no reason to take a different view and in such circumstances, the above named petitioner in the event of his arrest or surrender within a period of four weeks from today
Patna High Court Cr.Misc. No.52530 of 2015 (2) dt.27-11-2015 3/3 before the Court below be enlarged on bail on furnishing bail bonds of Rs, 10,000/- ( ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Danapur P.S.Case No. 592 of 2013, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Nilu Agrawal, J) Sudha/- U T