Patna High CourtCR. MISC./36399/2017disposed

Jitendra Mandal And ANR v. The State Of Bihar

2017-08-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36399 of 2017 Arising Out of PS.Case No. -71 Year- 2016 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Jitendra Mandal Son of Rohan Mandal @ Shatrudhan Mandal

2. Mukesh Mandal Son of Prahlad Mandal Both residents of Village - Kalyanpur, P.S. - Barahiya, District - Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Barahiya P.S. Case No. 71 of 2016 registered for offences punishable under Sections 324, 376, 511 of the Indian Penal Code.

Allegation against the petitioners is of making attempt to commit rape upon the informant.

Submission of the learned counsel for the petitioners is that police after investigation not found the allegation of attempt to commit rape true and charge-sheet has been submitted under section 504 and other sections of the Indian Penal. Petitioners have been falsely implicated in this case due to village politics. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.36399 of 2017 (2) dt.10-08-2017 2/2 Having heard both sides and in view of the fact that charge-sheet has not been submitted under sections 376/511 of the Indian Penal Code, let the petitioners surrender before the court below within a period of four weeks and make prayer for regular bail, which will be disposed of by the Court below, if possible on the same day, taking into consideration the submissions of the learned counsel for the petitioners and also the fact that chargesheet has not been submitted under section 376/511 of the Indian Penal Code, without being prejudiced by the order of this Court. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) Manish/- U T