Indradev Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36690 of 2018 Arising Out of PS. Case No.-86 Year-2017 Thana- MUSAHRI District- Muzaffarpur ====================================================== Indradev Mahto S/o Late Ghamari Mahato, R/o Vill.- Manika Bishunpur Ghand, P.S.- Mushhari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Mr. Arbind Kumar Pandey, APP 84 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 26.12.2017 in connection with Mushahri P.S. Case No. 86 of 2017 registered under Section 376 of the Indian Penal Code. Learned counsel for the petitioner submits that only because of the fact that there was some dispute between the informant and the accused person, who are agnates, the present false case has been instituted.

Diary in the present case was called for, which has been received.

Learned counsel appearing for the State, after perusal the case diary, submits that there is positive material in the case diary and also the statement of the victim lady under Section 164 of the Criminal Procedure Code which goes to indicate the

Patna High Court Cr.Misc. No.36690 of 2018(3) dt.06-08-2018 2/2 complicity of the petitioner in the alleged offence. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. (Anjana Mishra, J) Shamshad/- U T