Prashant @ Babua Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8900 of 2020 Arising Out of PS. Case No.-398 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== 1.

Prashant @ Babua Mandal, Son of Subhash Mandal, Resident of Village - Hasanpur, P.S. - Mufassil, District - Munger. 2.

Nagendra @ Mantu Mandal, Son of Surya Narayan Mandal, Resident of Village - Hasanpur, P.S. - Mufassil, District - Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Naresh Mandal, S/O Late Irar Mandal @ Ishwar Mandal, Resident of Village - Sitakund Hasanpur, P.S. - Mufassil, Distt. - Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-06-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Complaint Case No. 398C of 2019, registered under Sections 376, 511, 380, 323, 324, 341, 354 and 452 of the Indian Penal Code, Sections 4, 6 and 12 of the POCSO Act and Section 27 of the Arms Act.

The accusation is that on 27.04.2019, at about 8 P.M., Nilu Kumari, minor daughter of complainant, Naresh Mandal, had gone in the field to attend the call of nature. At that time, both petitioners reached there and made attempt to commit rape by

Patna High Court CR. MISC. No.8900 of 2020(3) dt.02-06-2020 2/2 unfolding her cloth. On raising alarm, informant and his co-villagers reached there then saw that both petitioners moving from there making firing. When the informant and his family members went at the house of the petitioner then family members of the petitioner committed marpit with the informant and his family members and also entered in the house of the informant and took box containing ornaments.

Learned counsel for the petitioners submits that petitioners are co-villagers of the informant and due to dirty village politics, informant lodged the present case with false allegation. It is further submitted that petitioners have no criminal antecedent and are in custody since 21.01.2020.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Court-cum-Additional Sessions Judge-I, Munger, in connection with Complaint Case No. 398C of 2019. Out of two sureties, one surety must be the close relative of the petitioners. Bhardwaj/- (Rajendra Kumar Mishra, J) U T