Chhotu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66173 of 2024 Arising Out of PS. Case No.-1026 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Chhotu Mandal Son of Late Shivcharan Mandal Resident of VillageChandailMaricha, Ward No. 7, P.S.- Supaul, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Supaul P.S. Case no. 1026 of 2022 instituted for the offence under Sections 376, 307, 324/34 of the Indian Penal Code.

3. Prosecution case in nutshell is that in the absence of informant's husband, petitioner, who is step father-in-law of the informant, used to make physical relation with her forcibly since last 3- 4 years. Whenever the informant objected, petitioner used to threaten to kill her along-with her

Patna High Court CR. MISC. No.66173 of 2024(4) dt.14-02-2025 2/3 minor sons. It is further alleged that on 11.10.2022, petitioner entered the informant's room and ravished her. When she complained about the occurrence to her mother-inlaw, all accused persons assaulted her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. It is further submitted that both parties belong to same family and petitioner happens to be father-in-law of the victim. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. Learned APP appearing for the state has vehemently opposed the prayer of bail and submitted that there is specific allegation against the petitioner to commit rape with the victim. From perusal of statement of victim, recorded under Section 164 of Cr.P.C.,( mentioned in para 20 of the case diary), it is evident that victim has fully and categorically supported the prosecution version of the case.

6. Having heard the learned counsel for the parties and considering the heinous nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his

Patna High Court CR. MISC. No.66173 of 2024(4) dt.14-02-2025 3/3 prayer for anticipatory bail stands rejected.

7. The petitioner is directed to surrender before learned court below and prays for regular bail, the same shall be considered by the court below, without being prejudiced by the order of this Court.

(S. B. Pd. Singh, J) Nirajkrs/- U T