Dilip Kumar @ Dilip Kumar Mandal @ Dilip Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.20115 of 2017 (2) dt.11-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20115 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -SABAUR District- BHAGALPUR ====================================================== Dilip Kumar @ Dilip Kumar Mandal @ Dilip Mandal, Son of Late Baijnath Mandal, resident of Village - Masarhu, Police Station - Sabour, District - Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Deepak Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Sri Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sabour P.S. Case No. 150 of 2016 (Sessions Trial No. 91 of 2017) registered under Sections 376, 341, 504 and 506 of the Indian Penal Code.

The accusation is that Pinki Kumari, handicapped sister of informant, was taken to J.L.N.M.C.H., Bhagalpur for treatment, where it was detected that she has pregnancy of six months. On query, she disclosed that she had gone to attend the call of nature before six months then this petitioner committed rape forcible and also threatened not to inform anyone otherwise

Patna High Court Cr.Misc. No.20115 of 2017 (2) dt.11-05-2017 she will be killed.

Learned counsel for the petitioner submits that the victim, who is said to be handicapped, is married women and the petitioner, who is the ward member of the village of the informant, has falsely been implicated in this case due to dirty village politics. It is further submitted that petitioner has no criminal antecedent and is in custody since 20.11.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to 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 the Additional Sessions Judge-V, Bhagalpur, in connection with Sabour P.S. Case No. 150 of 2016 (Sessions Trial No. 91 of 2017). Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T