Ajay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61081 of 2019 Arising Out of PS. Case No.-151 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.

Ajay Mandal, aged about 26 years, (Male), Son of Kesho Mandal, Resident of Village - Dhodhri, P.S.- Sono, District - Jamui. 2.

Sandeep Mandal, aged about 24 years, (Male), Son of Ganesh Mandal Resident of Village - Dhodhri, P.S.- Sono, District - Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Binita Kumari, aged about 14 years, (Male), Daughter of Sri Ramdeo Mandal, Resident of Village - Pairamethana, P.S.- Sono, District - Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar, Adv.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 151 (C)/2017 registered under sections 354b, 342, 509, 354, 427, 451 and 380/34 of the IPC. The allegation against the petitioners, as per the first information report, is that the petitioners molested the complainant and outraged the modesty of the complainant and her sister. Learned counsel appearing for the petitioners submits that the petitioners are cousins of the complainant and both the parties reside in the same house and all family members of the petitioners have been implicated in the present case. Learned counsel further submits that prior to lodging of the present complaint

Patna High Court CR. MISC. No.61081 of 2019(2) dt.26-09-2019 2/2 the mother of the petitioner no. 2 had lodged Sono P.S. Case No. 193 of 2016 against the father of the complainant and mother of the complainant. Learned counsel further submits that there is land dispute between the parties.

Having regard the submission made by the parties and taking into consideration the fact that both the parties are corelative and the petitioners are cousin of the complainant and the mother of the petitioner had lodged the FIR just prior to the present complaint, I am inclined to grant anticipatory bail to both the petitioners.

Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st, Class, Jamui, in connection with Complaint Case No. 151 C/2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U