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Patna High CourtCR. MISC./15378/2018dismissed

Pandav Mahto v. The State Of Bihar

2018-06-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15378 of 2018 Arising Out of PS.Case No. -214 Year- 2017 Thana -SALKHUA DistrictSAHARSA ===================================== Pandav Mahto, S/o Saudagar Mahto @ Lattan Mahto, Resident of Village- Chanan, P.S.- Salkhua, DistrictSaharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-06-2018 The petitioner seeks bail in anticipation of his arrest in connection with Salkhua (Chiraiya O.P.) P.S. Case No. 214 of 2017, dated 07.10.2017, instituted for the offences punishable under Sections 376, 504 and 506/34 of the Indian Penal Code.

The petitioner is alleged to have entered into the house of the prosecutrix and committed rape on her in the night of the occurrence. However, he was kept confined by the victim as also the other members of the family. Later, on the next day, some of the accused persons managed to have

Patna High Court Cr.Misc. No.15378 of 2018 (3) dt.28-06-2018 2/2 him freed from the clutches of the prosecutrix and others. The aforesaid allegation has been repeated by the victim in her further statement. The case of the prosecution has been supported by other witnesses as well. The statement of the victim recorded under Section 164 Cr.P.C. also supports the aforesaid prosecution version. Considering the aforesaid facts, this Court is not inclined to grant anticipatory bail to the petitioner. The petition is, accordingly, dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T