Gore Lal Mahto @ Gore Lal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75652 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== GORE LAL MAHTO @ GORE LAL MANDAL Son of Sri Devaki Mahto @ Devaki Ray Resident of Village - Bhandar, P.S.- Chanan, Distt.- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Chanan P.S. Case No. 111 of 2019, registered under Sections 341, 323, 354A, 354B and 448 of the Indian Penal Code. The accusation is that while the informant was sleeping in her house, all of a sudden, petitioner, in drunken stage, entered in the house and tried to outrage modesty by unfolding her clothes. When she made protest, she was assaulted through fists and slaps and she was laid on ground catching her hair. On her hulla, the neighbours rushed, then, petitioner fled away from there. The occurrence is of 04.08.2019 at11.00 p.m. On next day she went to do the work of labourer, due to that reason she is giving application on 06.08.2019.
Submission is that admittedly the occurrence is of 04.08.2019 at 11.00 p.m. in the house of the informant, but, on
Patna High Court CR. MISC. No.75652 of 2019(5) dt.04-02-2020 2/2 perusal of the case diary it is surprising enough that none of the family members of the informant has been made witness in the first information report while her husband has given the statement before the police, but, he also stated that he was not at the house. In fact, some grudge cropped out due to land dispute and the petitioner has falsely been been implicated in this case. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chanan P.S. Case No. 111 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Lakhisarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T