Dashai Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23770 of 2023 Arising Out of PS. Case No.-769 Year-2013 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

Dashai Mandal S/O Late Bideshi Mandal Resident Of Village- Bangama, Tola, Kakardobh, P.S.- Laukahi, District- Madhubani. 2.

Ranjeet Mandal @ Ranjeet Kumar Mandal S/O Ram Ratan Mandal @ Ratan Mandal Resident Of Village- Bangama, Tola, Kakardobh, P.S.- Laukahi, District- Madhubani.

... ... Petitioners

Versus

1.

The State Of Bihar 2.

Malo Devi W/O Late Balram Mandal Resident Of Village- Bangama, Tola, Kakardobh, P.O.- Kakardobh P.S.- Laukahi, District- Madhubani. ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 376D of the Indian Penal Code.

As per the prosecution case, petitioners committed rape on opposite party no.2.

Learned counsel appearing for the petitioners submits that for the aforesaid offence, initially CR No.769 of 2013 was instituted by opposite party no.2 for the offence punishable under section 376(G) of the IPC on 25.8.2013. After considering

Patna High Court CR. MISC. No.23770 of 2023(2) dt.27-06-2023 2/3 all the materials available on record including complaint with solemn affirmation and depositions of witnesses and finding no sufficient evidence prima facie, CR No.769/2013/ER No. 179 of 2-013 was rejected by the Court below vide order dated 5.12.2014 (annexure 3). However, Cr. Rev. No. 95 of 2015 challenging order dated 5.12.2014 was allowed ex-parte by the Additional Sessions Judge, Jhanjharpur vide order dated 5.12.202014 (annexure 4). Thereafter, the Judicial Magistrate took cognizance of the offence against the petitioners. Learned counsel for the petitioners submits that the present case is offshoot of Laukahi Police Station Case No. 95 of 2013 lodged by wife of petitioner no.1 against son and devar of the complainant for the offence under section 376(G) of the IPC. Petitioners claim clean antecedent.

Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Jhanjharpur, Madhubani in CR No. 769 of 2013, subject to the conditions laid down under section 438(2) of the

Patna High Court CR. MISC. No.23770 of 2023(2) dt.27-06-2023 3/3 Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T