Patna High CourtCR. MISC./63282/2017bail granted

Gujai @ Gujai Mandal v. The State Of Bihar

2018-02-02Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.63282 of 2017 (2) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63282 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -DAGARUA District- PURNIA ======================================================

1. Gujai @ Gujai Mandal, Son of Late Gena Mandal alias Gahnu Mandal, Resident of Village- Kohia, P.S.- Dagarua, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-02-2018 Heard the learned counsel for the petitioners and learned APP for the State.

In this application, the petitioners apprehend their arrest for the offences in connection with Dagarua P.S. Case No. 143 of 2017 punishable under Sections 341, 323, 376, 504 of the Indian Penal Code.

Allegedly, Deepak Kumar, the son of the petitioner committed rape with the daughter of the informant, who is deaf, dumb and handicapped with the help of co-accused Ugani and when the informant asked the petitioner then he started abusing him.

Submission is of false implication and that the petitioner has been implicated in this case as he is the father of co-

Patna High Court Cr.Misc. No.63282 of 2017 (2) dt.02-02-2018 accused Deepak Kumar. Only allegation against the petitioner is for abusing the informant and, as such, the petitioner deserves sympathetic consideration as he has got no criminal antecedent. Learned APP fairly submits that the petitioner has only abused the informant.

Considering that against the petitioners there is no specific allegation and, as such, the petitioners, in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order shall be enlarged on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Learned Additional Chief Judicial Magistrate-II, Purnea in connection with Dagarua P.S. Case No. 143 of 2017 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U