Mukesh Kumar Mahto @ Vakil Kumar v. The State of Bihar
CR. MISC./5972/2025 · 2025-02-25
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11675 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11675 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5972 of 2025 Arising Out of PS. Case No.-74 Year-2024 Thana- MAHILA P.S. District- Samastipur ====================================================== Mukesh Kumar Mahto @ Vakil Kumar Son of Rajindra Mahto @ Rajendra Mahto Resident of Village -Shahpur Parohi PS -Bibhutipur District - Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raja Ram Mishra, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 25-02-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 329(3), 329(4), 331(5), 74, 76, 303(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., on 8.11.24 at about 10 PM, this petitioner along with five unknown miscreants intruded in the house of informant and touched her inappropriately. On hulla, all of them fled away by waving pistol.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, informant was working as domestic help in the house of petitioner on a fixed monthly salary and when she demanded
Patna High Court CR. MISC. No.5972 of 2025(2) dt.25-02-2025 2/2 undue amount, petitioner refused and as a result, this false and concocted case has been lodged. Moreover, F.I.R. has been lodged after inordinate delay of 21 days which itself raises doubt over veracity of the prosecution case. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering backdrop of the case, delay in lodging the F.I.R. and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with Samastipur Mahila P. S. Case No. 74 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.
Navya/- (Prabhat Kumar Singh, J) U T