Lalit Mandal @ Lalit Kumar Mandal @ Lalit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54139 of 2023 Arising Out of PS. Case No.-728 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Lalit Mandal @ Lalit Kumar Mandal @ Lalit Kumar Son Of Upendra Mandal Resident Of Village- Ram Bairai, PS- Sadar, Distt- Darbhanga 2.

Nilesh Kumar Mandal @ Nilesh Mandal Son Of Shatrughan Mandal Resident Of Village- Ram Bairai, PS- Sadar, Distt- Darbhanga 3.

Raushan Mandal @ Raushan Kumar Mandal @ Raushan Kumar Son Of Ganesh Mandal Resident Of Village- Ram Bairai, PS- Sadar, DisttDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Ms. Usha Kumari 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 376D, 323, 504, 506/34 of the Indian Penal Code, Sections 4, 6, 8 of the Protection of Children from Sexual Offences Act and Sections 3, 2(va), 3(i) (r), 3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. It is alleged that all the accused persons committed rape upon the minor daughter of the informant.

4. It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.54139 of 2023(2) dt.21-08-2023 2/2 specific accusation of committing rape is against co-accused Mukesh Mandal. Petitioners are only alleged to be present at the place of occurrence. Police after investigation submitted final form. Petitioners have got clean antecedent.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special POCSO Act, Darbhanga in connection with Sadar P. S. Case No. 728 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T