Upendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40855 of 2015 Arising Out of PS.Case No. -173 Year- 2015 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Upendra Mandal S/o Mukhlal Mandal resident of Village - Gorgama, P.S. Phulparas, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvesh Kumar Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 376 of the Indian Penal Code.

The victim alleged that the petitioner committed rape with her after entering into her house in the night. It is submitted that victim is married and pregnant lady and the occurrence took place on 24.05. 2015 but the FIR was lodged on 07.06.2015, that is, after 15 days of the occurrence and this fact itself shows falsity of the case. The petitioner is covillager and on account of some petty dispute this case has been lodged.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond

Patna High Court Cr.Misc. No.40855 of 2015 (2) dt.03-09-2015 2/2 of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Jhanjharpur (Madhubani) in Phulparas P.S. Case No. 173 of 2015.

(Prabhat Kumar Jha, J) BKS/- U T