Birendra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No. 21485 of 2020 ====================================================== Birendra Mandal, S/o Doarik Mandal, Resident of village-Yogipur, Ward No. 4, P.S.-Narpatganj, District-Araria.
... ... Petitioner
Versus
The State of Bihar .. ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kamal Kishore Singh, Advocate Mr. Anil Kumar, Advocate For the Respondent State:
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-07-2020 Heard Mr. Kamal Kishore Singh, learned counsel appearing on behalf of the petitioner and Mr. Rajendra Prasad Nat, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of anticipatory bail arises out of Chhatapur P.S. Case No. 186 of 2017, registered for the offence punishable under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code.
From the First Information Report, it transpires that the main allegation is against Karanjit Mandal. The petitioner is husband of the sister of said Karanjit Mandal. There is allegation that said Karanjit Mandal, on the assurance of marrying the informant, had established physical relationship with her. It is also alleged that as a matter of fact the marriage
was solemnized. It is, however, the petitioner's case that other persons named in the First Information Report have been allowed bail.
On perusal of the First Information Report, I do not find any specific allegation against the petitioner. Considering the nature of accusation, this application is allowed.
Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in 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 learned C.J.M., Supaul, in Chhatapur P.S. Case No. 186 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
It is indicated that defect, if any, shall be removed within two months.
Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of
the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T