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Patna High CourtCR. MISC./11475/2017allowed

Radheshyam Prasad Mandal @ Radhey Shyam v. State Of Bihar And ANR

2017-03-22Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.11475 of 2017 (2) dt.22-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11475 of 2017 Arising Out of PS.Case No. -150 Year- 2015 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. RADHESHYAM PRASAD MANDAL @ RADHEY SHYAM Son of Chano Mandal, @ Chandrika Rawat, Resident of Village-Patambar, P.S.- Sikandara, District-Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Renu Devi Wife of Umashankar mandal Resident of Village-Patambar, P.S.-Sikandara, District-Jamui.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint case No. 150C of 2015, disclosing offences under Sections 323, 504, 324, 354 and 374 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and has falsely been implicated in this case. According to the complaint, there is allegation of attempt to rape upon the complainant but there is no medical report in this regard is available on record. In fact, there is a land dispute between the

Patna High Court Cr.Misc. No.11475 of 2017 (2) dt.22-03-2017 parties, for which, a land dispute case No. 36 of 2014 is pending, and on this count only, the petitioner, who is of clean antecedent, has been made accused in this case. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Jamui, in connection with Complaint Case No. 150C of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T