Patna High CourtCR. MISC./4810/2019bail granted

Birju Mandal v. The State Of Bihar

2019-04-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4810 of 2019 Arising Out of PS. Case No.-57 Year-2017 Thana- MAHILA P.S. District- Madhepura ====================================================== Birju Mandal son of Ramdeo Mandal, resident of Patori, Ward No. 01, Police Station Singheshwar, District Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376/511, 341, 323, 354/34 of the Indian Penal Code. Allegation is that the accused persons caught hold of the informant and got her down on the ground and pulled her cloth with intention to commit rape with her. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.07.2018. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case due to previous enmity. There is no substantive evidence to suggest his implication in the present case. No rape is alleged to have been committed.

Patna High Court CR. MISC. No.4810 of 2019(3) dt.18-04-2019 2/2 Petitioner has remained in custody for more than six months. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Madhepura in connection with Sessions Trial No.198 of 2018 arising out of Mahila (Madhepura) P.S. case No.57 of 2017.

(Sudhir Singh, J) Narendra/- U T