IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29694 of 2010
MITHILESH PODDAR son of Bishundeo Poddar ----Petitioner.
Versus
STATE OF BIHAR .
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2. 30.9.2010 Heard learned counsel for the petitioner and the State.
Averment made by the complainant is clear enough about
commitment of rape by this petitioner upon her. That is doubted on
the ground that previous enmity is there in between the parties.
Recently his cousin was assaulted at the hand of complainant’s
husband and others for which F.I.R. was lodged two days earlier to
the incident. Sensing/noticing the same to make a defence and
pressure this case is lodged. Otherwise matter was referred to
Sarpanch on the date of occurrence of petitioner cousin’s case but
without referring commitment of rape.
Having regard to the facts and circumstances of the case,
in the event of arrest or surrender within a period of one month from
date of receipt/production of a copy of this order, above named
petitioner shall be released on bail on furnishing bail bond of
Rs.10,000/- with two sureties of the like amount each to the
satisfaction of the Sub-Divisional Judicial Magistrate,
Benipur(Darbhanga) in C.R. no.224 of 2006(Tr. No.1327 of 2009)
subject to the conditions as laid down under section 438(2) of the
Code of Criminal Procedure.
( Mandhata Singh, J.)
Sudip