Subhash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3394 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================

1. Subhash Mandal, Son of Bhuneshwar Mandal, Resident of VillageLoharniya Tand, P.S.-Jhajha, District-Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dipak Kumar For the Opposite Party/s : Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Jhajha Police Station Case No. 105 of 2017 registered for the offence under section 376 of the Indian Penal Code and section 4 of the POCSO Act. As per written report, the specific allegation of committing rape on the step sister of informant is against one Prameshwar Mandal. The petitioner is neither named in the FIR nor there is any allegation against him. It has been submitted that the father of this petitioner and the father of the informant are cousin brother and a land dispute was going on between them. Further submission is that Title Appeal No. 31 of 2001 has been decided in favour of the father of the petitioner and out of said land dispute, the victim has named this petitioner after thought. The petitioner has clean antecedent and so he deserves anticipatory bail.

The learned Additional Public Prosecutor on the other hand, opposed the submission.

Patna High Court Cr.Misc. No.3394 of 2018 (2) dt.02-02-2018 2/2 Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha Police Station Case No. 105 of 2017, subject to conditions as laid down under section 438(2) Cr.P.C.

with further conditions: (1) one of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned Court, (2) the petitioner will not induce any witness or tamper with the evidence (3) the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.