Ashok Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39790 of 2019 Arising Out of PS. Case No.-194 Year-2015 Thana- SULTANGANJ District- Bhagalpur ====================================================== Ashok Mandal, Son of Kailash Mandal, Resident of Village - Maheshi, P.S.- Sultanganj, Dist.- Bhagalpur.

... ... Petitioner

Versus

1. The State of Bihar

2. Manisha Devi, W/o Dilip Sah, Resident of Village-Meheshi, P.S.- Sultanganj, District-Bhagalpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sultanjganj P.S. Case No.194 of 2015 registered for the offence punishable under Sections 494, 354, 366 and 376 read with 34 of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that the first information report has been instituted by the informant maliciously. In her statement made under Section 164 of the Code of Criminal Procedure, she has clearly stated that she was married with a person in village-Belhar Sangrampur and, thereafter, she started living together with the petitioner out of her own sweet will. He contended that the

Patna High Court CR. MISC. No.39790 of 2019(5) dt.20-11-2019 2/3 allegations made in the first information report would not attract the offences punishable under Sections 354, 366 and 376 of the Indian Penal Code.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. He submitted that after establishing the physical relationship with the informant, the petitioner got the informant married with one Mantu Singh. He contended that the informant has alleged that she became pregnant out of the physical relationship with the petitioner. Be that as it may, considering the totality of the facts and circumstances of the case, the petitioner, who is in custody since 11.02.2019, 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 learned A.D.J.- 1st, Bhagalpur in connection with Sultanganj P.S. Case No.194 of 2015 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, and (b) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts

Patna High Court CR. MISC. No.39790 of 2019(5) dt.20-11-2019 3/3 of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J.) Sanjeet/- U T