Ashok Mandal @ Ashok v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41834 of 2022 Arising Out of PS. Case No.-140 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== ASHOK MANDAL @ ASHOK S/o Phuleshwar Mandal @ Phuleshwar Chaudhary R/o Village- Bokantari, P.S.- Sikti, District- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Araria Mahila P.S. Case No. 140 of 2019 registered for the offence under Sections 447, 376 and 506 read with Section 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that allegation against the petitioner is that he was standing outside the house where the rape was committed and he is said to have threatened the victim girl.

Learned counsel for the petitioner also submits that

Patna High Court CR. MISC. No.41834 of 2022(4) dt.08-02-2023 2/2 there is specific allegation against one Navin Kr. Paswan of committing rape upon the victim girl and the petitioner, without any fault on his part is in custody since 30.5.2022. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody, this application for regular bail is allowed. Let the petitioner, above named, be released on bail after framing of charge or completing one year in custody, which ever is later and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria Mahila P.S. Case No. 140 of 2019. As a condition of this order, the petitioner should cooperate in the proceeding of the Court below and if the petitioner tries to delay the trial, the Court below is at liberty to pass an appropriate order including the cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/Shishir U T