Kailash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74731 of 2018 Arising Out of PS. Case No.-177 Year-2018 Thana- BARARI District- Katihar ====================================================== Kailash Mandal, son of late Darogi Mandal, resident of village- Dahra, P.S. Barari, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Barari (Semapur) P.S. Case No.177 of 2018 instituted for the offence under Section(s) 376 Indian Penal Code.

Counsel for the petitioner submits that this case is counter blast of case lodged by the petitioner against the family members of the informant vide Barari (Semapur) P.S. Case No. 181 of 2011.

In the instant case, it is alleged that on the date of occurrence while she was working in the maize field this petitioner committed illegal act with her.

Counsel for the petitioner submits that informant has not given any information to the police on the date of

Patna High Court Cr.Misc. No.74731 of 2018(2) dt.13-12-2018 2/2 occurrence. She has filed instant complaint on 28.03.2018 after delay of more than seven days. The Informant is in the habit of failing false case against the family members of the petitioner. The Complainant has filed another case vide Complaint Case No.1947 of 2018 against three brothers and one cousin of the petitioner, which is enclosed as Annexure-4.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 Additional Chief Judicial Magistrate, V, Katihar, in connection with Barari (Semapur) P.S. Case No.177 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T