Naresh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 26047 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- MAHILA P.S. District- Saharsa ====================================================== NARESH MANDAL Son of Late Tripuri Mandal Resident of Village - Arajpur, Ward No.3, P.S.- Basanahi, Distt.- Saharsa, and at Present Elected Sarpanch of Bahua Narth Gram Panchayat (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sima Devi W/o Pappu Sada Resident of Village - Mahua Bazar, Ward no.3, P.s.- Basanahi, Distt.- Saharsa.

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

For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 13 of 2022 instituted for the offence punishable under Sections 341, 376, 323, 504, 506/34 of the Indian Penal Code and Section 4/6 POCSO Act and Section 3(i) (r)(s), 3(i)(w)(i)(ii), 3(2)(va) of SC/ST Act. As per allegation in the FIR, co-accused Sarfaraz forcefully committed rape upon the daughter of the informant. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No. 26047 of 2022(2) dt.13-10-2022 2/2 offence. Petitioner has been falsely implicated in this case due to village politics. The specific accusation of committing rape is against co-accused Sarfaraz. The petitioner had conducted the panchayati only to pacify the matter. A statement has been made in para-3 of the petition that he has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Mahila P.S. Case no. 13/2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Icum-Spepcial Judge (POCSO), Saharsa subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U