Binod Kumar Mahto @ Binod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64500 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA P.S. District- Saran ====================================================== Binod Kumar Mahto @ Binod Mahto Son of Mohan Mahto Resident of Village - Mira Mushehari, P.S.- Chapra Muffasil, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saran (Mahila) P.S. Case No. 24 of 2019 registered under Sections 448, 323, 354 and 354(B) of the Indian Penal Code. The accusation is that, at about 12 P.M., on 13.06.2019, informant Sangeta Devi, on hearing the sound woke up then saw that petitioner entered in her house by jumping the boundary wall and tried to outrage the modesty of her daughter, aged about 13 years. When the family members of the informant reached there then petitioner fled away leaving his mobile set. Thereafter, neighbours gathered and Panchayati was arranged but due to quarrel Panchayati could not succeeded as the father

Patna High Court CR. MISC. No.64500 of 2019(2) dt.04-11-2019 2/2 of the petitioner was not ready to obey the decision of Panchayati.

Learned counsel for the petitioner submits that, in fact, petitioner and the informant are Patidar and due to land dispute, informant lodged the present case with false allegation after five days of the occurrence. Moreover, the statement of the victim, daughter of the informant, has not been recorded under Section 164 of the Cr.P.C. Further submission is that petitioner, who is student, has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saran, in connection with Saran (Mahila) P.S. Case No. 24 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T