Shambhoo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67947 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== Shambhoo Mandal Son of Bhagwat Mandal Resident of Village - Chethru Mandal Tole, Ward no.4, P.S.- Ghoghardiha, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Ghoghardiha P.S. Case No. 74 of 2021, registered for the offences punishable under Section 376 and other allied sections of the Indian Penal Code.

As per the FIR, this petitioner forcibly committed rape with the informant. When she disclosed the incident to her husband petitioner and co-accused persons assaulted her badly causing injury near right side of eye.

It is submitted that petitioner has been falsely implicated in this case due to village politics and no such occurrence has ever taken place. The informant (victim lady) was medically examined and no sign of sexual assault was

Patna High Court CR. MISC. No.67947 of 2021(2) dt.18-07-2022 2/2 found on her person. Petitioner is next door neighbour and due to land dispute for which earlier a proceeding under Section 144 Cr.P.C has been held between the parties this false case was lodged. Moreover, after investigation the IO has submitted chargesheet bearing 104 of 2021 against petitioner and others under Sections 354, 323, 341, 324, 504 and 34 of the IPC. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 74 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T