Patna High CourtCR. MISC./41556/2021bail granted

Birendra Mandal v. The State Of Bihar

2022-01-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41556 of 2021 Arising Out of PS. Case No.-723 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Birendra Mandal Son of Late Kokay Mandal Resident of Village - Ghailarh, Ward No.5, P.S.- Ghailarh (Madhepura), Distt.- Madhepura. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Madhepura (Ghailarh) P.S. Case No. 723 of 2020, registered for the offence under Sections 376, 341, 323, 504, 506 of the Indian Penal Code. As per the F.I.R., this petitioner committed rape with the victim (informant).

It is submitted on behalf of petitioner that no such occurrence has taken place. In fact, prior to the alleged occurrence, the petitioner had filed a complaint case, vide Complaint Case No. 84 of 2016, as well as Madhepura (Ghailarh) P.S. Case No. 77 of 2017 against the informant and her husband and out of revenge, the informant has filed this false case against the petitioner. The informant is aged about 40 years and the alleged occurrence has taken place at about 12 noon in an open field, which is not believable. Petitioner has got

Patna High Court CR. MISC. No.41556 of 2021(2) dt.03-01-2022 2/2 clean antecedent and he is in custody since 21.09.2020. Chargesheet has been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I, Madhepura in connection with Madhepura (Ghailarh) P.S. Case No. 723 of 2020.

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