Inod Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7007 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== INOD MANDAL Son of Sanjay Mandal Resident of Village- Gaglday Anadipur, P.S.- Kahalgaon, Distt- Bhagalpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 17-04-2021 The defect(s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after the High Court resumes its normal functioning. Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Section 376(D) of the Indian Penal Code. As per the prosecution case, the informant in her written report stated that on 08.02.2020 at about 8:00 P.M. while she was standing at the gate of her house, petitioner along with three other accused came on motorcycle and tide her mouth by Gamcha and she was taken at LMP brick klin where all of them did wrong with her.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.7007 of 2021(2) dt.17-04-2021 2/3 petitioner is innocent and has falsely been implicated in this case. There is inordinate delay of six days in lodging the FIR as the alleged occurrence is said to have taken place on 08.02.2020 whereas written report has been submitted on 14.02.2020 and no explanation of aforesaid delay has been given in the written report. It has further been submitted that there is contradiction in written report of the informant as well as statement of victim recorded under Section 164 of the Cr.P.C. The medical report of the victim shows that no sign of violence either on external or on internal part of the body has been found.
There is dispute between petitioner and father of victim with respect to loan provided by petitioner to father of victim which was not returned. In the year 2018, father of victim had lodged FIR with similar allegation against co-villager (Annexure-4).
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Kahalgaon (Ghogha) P.S. Case No. 105 of 2020, G.R. No. 632 of 2020, with following conditions:-
Patna High Court CR. MISC. No.7007 of 2021(2) dt.17-04-2021 3/3
(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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(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) shahzad/- U T