Patna High Court - Orders
Vishwanath Mahto vs The State Of Bihar on 2 February, 2015
Author: Amaresh Kumar Lal
Bench: Amaresh Kumar Lal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32508 of 2014
Arising Out of PS.Case No. -31 Year- 2013 Thana -MAHILA P.S. District- SAMASTIPUR
======================================================
Vishwanath Mahto Son of Late Mohan Mahto Resident of Village -
Ramnagar, P.S.- Hasanpur, District - Samastipur
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Parmanand Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
ORAL ORDER
2 02-02-2015Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363(A), 376/34 of IPC and section 4 of the Protection of Children from Sexual Offence Act.
It is submitted that no offence is made out against the petitioner. It is apparent from the statement of the victim under Section 164 Cr.P.C. that no allegation has been made against the petitioner. When the victim and the accused Dilip Mahto came down from the bus, the petitioner and his brother-in-law Manoj Mahto took her to the police station and from where the informant was informed. She has not made any allegation against the Patna High Court Cr.Misc. No.32508 of 2014 (2) dt.02-02-2015 2/2 petitioner.
It is further submitted that the petitioner has no criminal antecedent.
Considering the facts and circumstances, in case of arrest or surrender within a period of four weeks the above named petitioner will be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in Mahila P. S. Case No. 31 of 2013, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Amaresh Kumar Lal, J) Kanchan/-
U T