Mantu Mandal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13552 of 2015 Arising Out of PS.Case No. -188 Year- 2014 Thana -RUPAULI District- PURNIA ====================================================== Mantu Mandal Son of Late Ganouri Mandal, .... .... Petitioner/s
Versus
1. The State of Bihar
2. Anisha Devi wife of Sri Tuntun Paswan .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 376, 384 and 323 of the Indian Penal Code section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
It is alleged that the petitioner raped the informant when she got pregnant and raised objection before brother of the petitioner he was assaulted and abused by calling caste name. It is submitted by learned counsel for the petitioner that as per own admission of the informant she was raped five years and half months before but she filed the complaint on 28.06.2014. It is further submitted that at earlier point of time
Patna High Court Cr.Misc. No.13552 of 2015 (2) dt.07-05-2015 2/2 the petitioner lodged a case against the family member of the informant. However, the informant has retracted from initial version and has filed a petition to that effect before the learned court below.
The aforesaid facts constitute good ground for consideration of prayer for regular bail.
Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Rupauli (Mohanpur) P.S. Case No. 188 of 2014, pending before the learned Judicial Magistrate, 1st Class, Purnea.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T