Patna High CourtCR. MISC./29515/2017allowed

Sikandar Mandal @ Sikandar Kumar Mandal @ Akhilesh @ Akhilesh Kumar Mandal v. The State Of Bihar

2017-07-13Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.29515 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29515 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -FALKAHA District- KATIHAR ====================================================== Sikandar Mandal @ Sikandar Kumar Mandal @ Akhilesh @ Akhilesh Kumar Mandal Son of Deo Narayan Mandal, Resident of Village- Hasaili, P.S.- Falka, District- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Falka Police Station Case No. 79 of 2017, disclosing offences under Sections 376/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there was love affair between the petitioner and the victim. As a matter of fact, the occurrence took place on 28.03.2017 but the F.I.R. was lodged on 01.04.2017 after lapse of 5 days, which creates doubt on the prosecution version. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.29515 of 2017 (2) dt.13-07-2017 Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-5th, Katihar, in connection with Falka Police Station Case No. 79 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T