Pradeep Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.9938 of 2015 (2) dt.17-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9938 of 2015 Arising Out of PS.Case No. -210 Year- 2012 Thana -SINGHWARA District- DARBHANGA ======================================================

1. Pradeep Mandal S/o Dinesh Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Upendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Singhwara P.S. Case No. 210 of 2012 registered for the offences punishable under Sections 376, 511 of the Indian Penal Code. There is allegation against the petitioner that he attempted to commit rape on the informant but admittedly, the present case has been registered on the basis of complaint case which was sent to concerned police station resulting the institution of Singhwara P.S. Case No. 210 of 2012.

The contention on behalf of the petitioner is that informant has been set up by Ex-Mukhiya, Sanjay Kumar Sinha with whom petitioner has inimical term and as a matter of fact, much prior to institution of the present case, Ex-Mukhiya, Sanjay

Patna High Court Cr.Misc. No.9938 of 2015 (2) dt.17-03-2015 Kumar Sinha sexually abused minor nephew of the petitioner for which Simri P.S. Case No. 47 of 2012 was registered against the above stated Ex-Mukhiya, Sanjay Kumar Sinha and others and furthermore, the informant of the present case again lodged Simri P.S. Case No. 175 of 2013 against the petitioner and others for alleged kidnapping of her son who was subsequently recovered and made his statement in which he specifically stated that he was never kidnapped by the petitioner rather he was taken away by one Shiv Shankar Paswan.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Singhwara P.S. Case No. 210 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T