Patna High CourtCR. MISC./6105/2016disposed

Mohan Mandal v. State Of Bihar And ANR

2016-02-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6105 of 2016 Arising Out of P.S.Case No.-3463 Year-2012 Thana-PURNIA COMPLAINT CASE District-PURNIA ===================================== Mohan Mandal, Son of late Vasudeo Mandal, resident of Village-Kabaiya, Kamat, P.S.-Muffasil, Rani Patra, DistrictPurnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sonibha Devi, Wife of Domohi Mandal, resident of VillageKabaiya Kamat, P.S.-Sadar Muffasil, Rani Patra, DistrictPurnea. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ajit Ranjan Kumar, Adv. For the Opposite Party/s : Mr. Binod Kumar-2 (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No.3463 of 2012, disclosing offences under Sections 376, 379, 380 and 393 of the Indian Penal Code.

Learned counsel for the petitioner refers to the

Patna High Court Cr.Misc. No.6105 of 2016 (2) dt.24-02-2016 2/2 contents of the complaint case and submits that the petitioner, his wife and two sons have been made accused in the complaint case. Upon perusal of the complaint case, according to him, no specific case, under Section 376 of the Indian Penal Code, is made out because of vagueness.

Though, I find substance in the submissions, so advanced, since the present anticipatory bail application arises out of a complaint case, I direct the petitioner, abovenamed, to appear before the court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application shall be considered and disposed of on the same day, considering the facts of the present case, in the light of this Court's decision in case of "Salim Ansari @ Md. Salim Vs. The State of Bihar & Anr." [2015(3) PLJR 807].

(Chakradhari Sharan Singh, J.) Praveen-II/- U T