Amit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16017 of 2020 Arising Out of PS. Case No.-189 Year-2019 Thana- AMDABAD District- Katihar ====================================================== AMIT MANDAL Son of Bechan Mandal Resident of Village - Meghu Tola, P.S.- Amdabad, District- Katihar ... Petitioner

Versus

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

For the Petitioner :

Mr.Suresh Prasad Sah @ Baranwal, Advocate For the Opposite Partys :

Mr.Nirmal Kumar Sinha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 323 and other allied sections of the Indian Penal Code.

Prosecution's case, in brief, is that the petitioner and co-accused Sanjeev Mandal entered into the house of the informant with bad intention. Petitioner tried to commit rape on the point of a knife. They snatched golden chain worth Rs.57,000/- and on raising alarm they succeeded to escape. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner is a college student and because of previous enmity, he has been implicated in this case to tarnish his career. Petitioner has got no criminal antecedent. It is further submitted

Patna High Court CR. MISC. No.16017 of 2020(2) dt.15-07-2020 2/2 that as per F.I.R., alleged date of occurrence is 14.10.2019, but F.I.R. has been lodged after a lapse of more than 21 days on 5.11.2019 and there is no explanation for the inordinate delay. Considering the facts of the case, prayer for anticipatory bail to the petitioner is allowed. Let the petitioner, named above, in the event of surrender before the Court below, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Amdabad Police Station Case No. 189/2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T