Patna High CourtCR. MISC./1109/2018bail granted

Rahul Mandal v. The State Of Bihar

2018-01-12Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 1109 of 2018 Arising Out of PS.Case No. -20 Year- 2017 Thana -MAHILA P.S. District- SHEOHAR ====================================================== Rahul Mandal, Son of Bijali Mandal, resident of Village- Barahi Jagdish, P.S. Purnahiya, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Devendra Kumar, Advocate For the S t a t e : Mr Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 354, 354B of Indian Penal Code and Sections 9 (g), 10 of POCSO Act.

Petitioner's counsel submits that the petitioner has falsely been implicated in this case due to village politics as the prosecution case is fully unreliable in view of the fact that the case has been lodged one month after the alleged occurrence and it is stated in the first information report that there were efforts to hold a panchayati between the parties. He submits that from the same, it is evident that the allegation is false and prior to the instant case, there is no criminal antecedent of the petitioner. Petitioner is in custody since 14.10.2017.

Patna High Court Cr.Misc. No.1109 of 2018 (2) dt.12-01-2018 2/2 Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I, Sheohar, in Sheohar Mahila Police Station Case No 20 of 2017/GR No 519 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T