High Court Patna High Court - Orders

Mithilesh Poddar vs State Of Bihar on 30 September, 2010

Patna High Court – Orders
Mithilesh Poddar vs State Of Bihar on 30 September, 2010
                 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 .
                                        -----------

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