Naresh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7375 of 2025 Arising Out of PS. Case No.-819 Year-2023 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Naresh Mandal son of Laddu Mandal village- Ghorghat Nazeera, PostGhorghat, ps- Bariarpur, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar Verma, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Complaint Case No. 819C of 2023 registered for the offences under Sections 354, 354(B) and 457/34 of the Indian Penal Code.

3. As per prosecution case, petitioner and co-accused persons entered into the house of the complainant and tried to outrage her modesty. Further allegation against the petitioner is that he disrobed the complainant pulling her saree.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. This case has been lodged by the complainant in order to save her husband who is accused in

Patna High Court CR. MISC. No.7375 of 2025(2) dt.19-02-2025 2/3 Complaint Case No. 781 of 2023 filed by the present petitioner against the husband of the complainant as the husband of the complainant enticed away the wife of the petitioner and repeatedly made physical relationship with her. Bariyarpur P.S. Case No. 173 of 2023 was also lodged for the aforesaid occurrence in which the statement of the victim lady was recorded who specifically named the husband of the informant who committed rape with her. Petitioner is in custody since 04.12.2024 and is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the counter version of case and also considering the clean antecedent of the petitioner coupled with possibility of false implication, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger/concerned court in connection with Complaint Case No. 819C of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other

Patna High Court CR. MISC. No.7375 of 2025(2) dt.19-02-2025 3/3 following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T