Patna High CourtCR. MISC./19329/2016bail granted

Prayag Mandal v. The State Of Bihar

2016-05-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19329 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -SONO District- JAMUI ====================================================== Prayag Mandal Son of Atwari Mandal Resident of Karharatarb , P.S Sono District Jamui.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Sono P.S.Case No. 109/2015, disclosing offences under section 452, 323, 354, 376, 34 of the Indian Penal Code and sections 3 and 4 of the Witch Prevention Act.

The allegation against the petitioner is that he called the informant a 'Dyne', assaulted her variously and abused her. Learned counsel, appearing on behalf of the petitioner, has submitted that institution of the First Information Report is based on a complaint case filed by the informant. He has submitted that the husband and the son of the informant are only persons named as witnesses in the complaint petition. He has further submitted that in course of investigation, nothing has so far

Patna High Court Cr.Misc. No.19329 of 2016 (2) dt.18-05-2016 been collected to substantiate the allegation made in the F.I.R. Considering the facts and circumstances, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 the A.C.J.M., Jamui in Sono P.S.Case No. 109/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U