Patna High CourtCR. MISC./9581/2020bail granted

Lalan Mandal v. The State Of Bihar

2020-12-03Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9581 of 2020 Arising Out of PS. Case No.-474 Year-2019 Thana- AMARPUR District- Banka ====================================================== LALAN MANDAL, aged about 34 years, Male, S/o Dhaturi Mandal, R/o village - Gulampur, P.S.- Amarpur, District- Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-12-2020 Heard learned counsel for the petitioner and learned APP for the State through Virtual Court Proceeding. In this case, the petitioner is seeking regular bail in connection with Amarpur P.S. Case No. 474 of 2019, registered for the offence under Section 452 and 376 of the Indian Penal Code.

From the record, it appears that the victim has filed complaint petition, later on, which was converted into criminal case vide Amarpur P.S. Case No. 474 of 2019. Allegation has been made against the petitioner that he committed rape upon the victim but, she did not come forward to record the statement under Section 164 of the Cr.P.C.

Learned counsel for the petitioner submits that the there is land dispute between the parties and in order to settle

Patna High Court CR. MISC. No.9581 of 2020(4) dt.03-12-2020 2/2 the personal score, this false case has been lodged against the petitioner. He further submits that the petitioner has no criminal antecedent and he is in jail since 01.10.2019 without any fault. Considering the aforesaid facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 474 of 2019, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Shivaji Pandey, J) pawan/- U T