Amresh Mandal @ Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64947 of 2018 Arising Out of PS.Case No. -27 Year- 2018 Thana -MAHILA P.S District- SUPAUL ====================================================== Amresh Mandal @ Amresh Kumar S/o Shankar Mandal Resident of Village-Bishanpur,P.S. Supaul,Distt.-Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Adv. For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Supaul Mahila P.S. Case No. 27/2018, registered for the offences punishable under Sections 376, 323, 504, 506 and 34 of the Indian Penal Code and section 4 and 6 of P.O.C.S.O. Act.

Informant alleged that petitioner committed rape upon her and threatened her not to lodge any case; otherwise she will face dire consequence.

It has been submitted that petitioner has falsely been implicated in this case. There is land dispute. The victim in her statement recorded under Section 164 Cr.P.C. has stated that no incident as alleged in the F.I.R. has ever taken place. As per medical report she is major and there is no external or internal injury found on her person and commission of rape has also been

Patna High Court Cr.Misc. No.64947 of 2018 (2) dt.05-11-2018 2/2 denied.

Petitioner has no criminal antecedent. He is in custody since 18.09.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge I, Supaul in connection with Supaul Mahila P.S. Case No. 27/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T