← Library
Patna High CourtCR. MISC./37031/2018bail granted

Ramchandra Mochi v. The State Of Bihar

2018-08-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37031 of 2018 Arising Out of PS.Case No. -75 Year- 2017 Thana -DANDARI District- BEGUSARAI ======================================================

1. Ramchandra Mochi, Son of Late Dhanik Mochi, Resident of Village - Kathari, P.O. Mahobba, P.S. Dandari, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Smt. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376 and 511 of the Indian Penal Code.

A civil suit is going on for property dispute as the petitioner has got a sale deed from Lila Devi saying that Lila Devi is the first wife of the husband of the informant. According to informant Lila Devi is a fictitious lady. In the aforesaid background allegation against the petitioner is of attempt to commit rape against the informant.

Submission is that in the past also identical allegation was levelled by the informant, however, learned Magistrate took cognizance for the offence under Section 323

Patna High Court Cr.Misc. No.37031 of 2018 (4) dt.27-08-2018 2/2 Indian Penal Code only.

Learned counsel for the informant opposed the prayer for bail.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dandari Police Station Case No. 75 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/- U T