Patna High CourtCR. MISC./46328/2017bail granted

Shailendra Kumar Mandal @ Shailendra Mandal v. State Of Bihar And ANR

2017-09-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46328 of 2017 Arising Out of PS.Case No. -374 Year- 2016 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Shailendra Kumar Mandal @ Shailendra Mandal Son of Murli Mandal, R/o Village- Malharia, P.S.- Falka, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sulochna Devi W/o Vijay Mandal, R/o Village- Malharia, P.S.- Falka, District- Katihar.

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 374 of 2016 disclosing offences under Sections 448, 323, 354/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that earlier also the same informant has falsely lodged a criminal case bearing Falka (Pothiya) Case No. 49 of 2016 for the offences punishable under Sections 376 and 504 of the Indian Penal Code. Again informant has registered a case for ulterior purpose. He has also submitted that in the district of Katihar there is practice of registration of such false criminal cases.

Considering the submission, as above, this

Patna High Court Cr.Misc. No.46328 of 2017 (2) dt.22-09-2017 2/2 application is allowed. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, -Vth at katihar. in connection with Complaint Case No. 374 of 2016 subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) sushma/- U T