Chotu Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51037 of 2018 Arising Out of PS.Case No. -140 Year- 2018 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Chotu Kumar Mandal Son of Udyanand Mandal Resident of Village - Kurwa Lakshmipur, P.S. Forbesganj (Simraha), Dist - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar Mandal, Adv. For the Opposite Party/s : Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in K. Nagar P.S. Case No. 140/2018, registered for the offences punishable under Sections 376, 504 and 34 of the Indian Penal Code and sections 3, 4, 5 and 6 of the P.O.C.S.O. Act.

It is alleged that petitioner committed rape upon the informant.

Allegation of committing rape upon the informant is not found true against the petitioner in medical examination. After investigation, the police has submitted charge-sheet against the petitioner under Section 354 and section 12 of P.O.C.S.O. Act. Petitioner has no criminal antecedent. He is in custody since 06.05.2018.

Patna High Court Cr.Misc. No.51037 of 2018 (3) dt.03-10-2018 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-cum-Special Judge Ist, Purnea in connection with K. Nagar P.S. Case No. 140/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T