Munna Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8151 of 2024 Arising Out of PS. Case No.-448 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== Munna Mandal son of Laxmi Mandal Resident Of Village- Bhitha Ps- Pupri, Distt- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Arvind Kumar Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 354B, 376/511 of the Indian Penal Code, Section 4 of the POCSO Act and Section 27 of the Arms Act.
3. As per the prosecution case, this petitioner alongwith other accused persons are alleged to have attempted to commit rape with the victim (informant) on the point of pistol, however; on alarm being raised by the victim, the accused persons fled away from there.
4. It is submitted on behalf of petitioner that prior to this F.I.R., due to previous enmity, the mother of the informant had lodged a case against petitioner, vide Pupri P.S. Case No. 123 of 2021, in which, he is on bail. It is further submitted that there is no specific allegation against petitioner, rather it is
Patna High Court CR. MISC. No.8151 of 2024(2) dt.20-02-2024 2/2 general and omnibus in nature. In fact, no such occurrence, as alleged in the F.I.R., has ever taken place, but the informant has lodged this false and concocted case only due to the fact that the bail in earlier case, granted to the petitioner by this Court, be cancelled.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned Additional Sessions Judge 6th cum Special (POCSO Act) Sitamarhi, District - Sitamarhi in connection with Pupri P.S. Case No. 448 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T