Nepali Prasad Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44838 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Nepali Prasad Mandal S/o late Puran Prasad Mandal Resident of VillageBatheli, P.S. Katihar (Muffasil ), District Katihar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Karuna Kant Jha, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Katihar (Mufassil) P.S. Case No.113 of 2016 for the offences registered under sections 376 and 312 of the Indian Penal Code. The informant gave written report to Officer-in-Charge of Mufassil Police Station on 7.6.2016 alleging therein that son of the petitioner established physical relation with her on false promise of marriage but when she became pregnant, the son of the petitioner refused to marry with her and when complain was made to the petitioner, petitioner got aborted her pregnancy. However, the statement of the informant was recorded under Section 164 of the Cr.P.C. on 6.8.2016, i.e., after two months of the institution of
Patna High Court Cr.Misc. No.44838 of 2016 (2) dt.06-12-2016 2/2 the present case in which the informant stated that the son of the petitioner has already solemnized marriage with her. In the said statement, she has not whispered even a single word against the petitioner.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Katihar in Katihar (Muffasil) P.S. Case no. 113 of 2016 subject to condition as laid down under section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) N.H./- U T