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Patna High CourtCR. MISC./7166/2017bail granted

Ranjeet Mandal v. The State Of Bihar

2017-02-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7166 of 2017 Arising Out of PS.Case No. -140 Year- 2015 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Ranjeet Mandal, son of Jago Mandal, resident of village - Bhamarpur Basa Itahari, Police Station - Alamnagar, District - Madhepura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Alamnagar P.S.Case No. 140 of 2015 registered for the offences punishable under Sections 341, 323, 448, 379 and 376/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is inordinate delay in lodging the complaint in this case and no explanation has been given and the whole family members have been made accused in this case for the offence under Section 376 IPC and police after investigation found the case not true under Section 376 IPC and charge-sheet has been submitted under Section 354A and other Sections of the IPC and petitioner has remained in custody for five months.

Heard learned APP also.

Having heard both sides and considering the fact that there is inordinate delay in lodging the complaint as well as the fact that charge-sheet has been submitted in this case under

Patna High Court Cr.Misc. No.7166 of 2017 (2) dt.21-02-2017 2/2 Section 354A IPC and petitioner has remained in custody for five months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura, in connection with Alamnagar P.S.Case No. 140 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U