Patna High CourtCR. MISC./22725/2022bail rejected

Nawal Mandal @ Naval Mandal v. The State Of Bihar

2022-09-12Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22725 of 2022 Arising Out of PS. Case No.-267 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== NAWAL MANDAL @ NAVAL MANDAL S/o Late Domi Mandal, R/o Village- Rajghat, P.S.- Barhara (Raghubansh Nagar O.P.), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barhara (Raghubansh Nagar O.P.) P.S. Case No. 267 of 2021 lodged under Section 376 of the Indian Penal Code. As per the prosecution, there is allegation of rape against the present petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the petitioner is basically victim and not the culprit. He further submits that in her statement under Section 161 of Cr.P.C. the story of land dispute found. He further submits that

Patna High Court CR. MISC. No.22725 of 2022(4) dt.12-09-2022 2/2 F.I.R. has lodged after delay of 45 days. He further submits that petitioner is in custody since 21.12.2021, charge sheet has already been filed and there is no criminal antecedent of the petitioner.

Learned counsel for the State opposes the prayer for bail and submits that the victim has narrated the story of rape in F.I.R. as well as supported in statement under Section 164 of Cr.P.C.

In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner. Hence, the bail petition of the petitioner is hereby rejected.

(Dr. Anshuman, J.) ravishankar/- U T