Bishandeo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9359 of 2024 Arising Out of PS. Case No.-251 Year-2023 Thana- AMDABAD District- Katihar ====================================================== 1.

Bishandeo Mandal S/O- Late Shibu Mandal R/O- Marghiya, P.S.- Barari, Dist.- Katihar.

2.

Inja Devi W/O- Bishandeo Mandal R/O- Marghiya, P.S.- Barari, Dist.- Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar, Patna 2.

Ankhi Kumari D/O- Late Baidhnath Mandal R/O- Village- Devi Laxmipur, P.S.- Amdabad, Dist.- Katihar.

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Amdabad P.S. Case No. 251 of 2023 dated 01.10.2023, instituted for the offence punishable under Sections 376, 420, 384, 323, 504, 34 of the Indian Penal Code and Section 66(Q), 67 (A) of I.T. Act.

3. The allegation against the petitioners is that they have assaulted parents of the informant, who went to the house of co-accused namely, Raman Kumar Mandal. Raman Kumar Mandal alleged making false promise about job and marriage to

Patna High Court CR. MISC. No.9359 of 2024(2) dt.20-02-2024 2/3 the informant and made physical relation with her against her Will and consoled that he would get her a job by using his influence.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioner no. 1 is the father of Raman Kumar Mandal and petitioner no. 2 is the mother of Raman Kumar Mandal. From perusal of F.I.R., it appears that all allegation is against the said Raman Kumar Mandal and petitioners are said to be the parents of Raman Kumar Mandal. Learned counsel further submitted that the main co-accused namely, Raman Kumar Mandal has been granted bail vide order dated 20.02.2024 i.e. today by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 2885 of 2024. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Amdabad P.S. Case

Patna High Court CR. MISC. No.9359 of 2024(2) dt.20-02-2024 3/3 No. 251 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Katihar, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T