Patna High CourtCR. MISC./4371/2018bail granted

Nagendra Mahto v. The State Of Bihar

2018-02-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4371 of 2018 Arising Out of PS.Case No. -95 Year- 2017 Thana -BARAULI District- GOPALGANJ ====================================================== Nagendra Mahto, Son of Chandrika Mahto, Resident of VillagePachrukhia, P.S.-Barauli, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Barauli P.S. Case No. 95 of 2017 dated 01.06.2017 instituted for the offences under Sections 376 and 511 of the Indian Penal Code.

The petitioner is alleged to have committed an act of sexual misdemeanor with the prosecutrix on 26.05.2017. Learned counsel for the petitioner has submitted that though the occurrence is said to have taken place on 26.05.2017 but the case regarding the same was lodged after an unexplained delay of about five days i.e. on 01.06.2017. It has further been submitted that the prosecutrix is none else but the wife of the

Patna High Court Cr.Misc. No.4371 of 2018 (2) dt.01-02-2018 younger brother of the petitioner and the petitioner has been on litigating terms for property with his younger brother. Considering the aforesaid facts and taking the nature of accusation in account, the petitioner above named is directed to be released in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Gopalganj in connection with Barauli P.S. Case No. 95 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) KKSINHA/- U T