Rajesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40476 of 2020 Arising Out of PS. Case No.-133 Year-2020 Thana- AMDABAD District- Katihar ====================================================== Rajesh Mandal, S/O Hari Mandal, R/O Goripur, P.S. Amdabad, DistrictKatihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Advocate.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP.
Mr. Bajranj Pd. Sinha, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-08-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Amdabad P.S. Case No. 133 of 2020, registered under Section 376 of the Indian Penal Code.
The accusation is of committing rape on the informant, Parwati Kumari, by the petitioner. Learned counsel for the petitioner submits that after lodging the present case, petitioner performed the marriage with the informant, Parwati Kumari, on 10.04.2020 in Shiva Temple, Ahmabad and since then informant is residing at the house of the petitioner as his wife and she has also filed compromise petition in the trial court in that regard on
Patna High Court CR. MISC. No.40476 of 2020(4) dt.31-08-2021 2/2 27.08.2020.
On the other hand, Mr. Bijendra Prasad Sinha, learned counsel for the informant submits that after performing the marriage, informant is residing with the petitioner as wife and a compromise petition in that regard has already been filed in the trial court. He further submits that he has no objection in allowing the pre-arrest bail of the petitioner. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Katihar, in connection with Amdabad P.S. Case No. 133 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Bhardwaj/- (Rajendra Kumar Mishra, J) U T