Mantus Ram @ Mantus Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66637 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- KARAI PARSURAI District- Nalanda ====================================================== 1.

Mantus Ram @ Mantus Kumar Son of Saukhi Ram Resident of villageBajidpur Berthu, Po- Berthu, Ps- karai Parsurai, Dist- Nalanda 2.

Rajeev Ram Son of Sri Ganesh Ram Resident of village- Bajidpur Berthu, Po- Berthu, Ps- karai Parsurai, Dist- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shobha D/O- Lalkesh Ram Resident of Village- Wajitpur, P.O.- Berthu, P.S.- Krayparsauni, Distt.- Nalanda, Pin-801304 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P.

Mr. Subodh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-10-2024 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner No. 2 as he has already been arrested during pendency of the case.

2. Permission is granted.

3. The anticipatory bail application with regard to petitioner No. 2 is, accordingly, dismissed as withdrawn.

4. Heard learned counsel for the petitioner, informant and the State.

5. Petitioner No. 1 apprehends arrest in a case registered for the offences punishable under Sections 376, 511,

Patna High Court CR. MISC. No.66637 of 2024(2) dt.03-10-2024 2/3 341, 323/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 12 of the Protection of Children from Sexual Offences Act.

6. According to F.I.R., on the alleged date and time of occurrence, while informant was standing outside her house, all the F.I.R. named accused persons including this petitioner caught her and tried to molest and assault her.

7. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, this petitioner lodged Karai Parsurai P. S. Case No. 72 of 2024 against the father of informant and others and in retaliation, this false and concocted case has been lodged. Medical report has assessed the age of victim between 19 to 20 years. Petitioner has got clean antecedent.

8. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

9. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner No. 1 in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.66637 of 2024(2) dt.03-10-2024 3/3 of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-VII-cum-Special Judge (POCSO), Nalanda at Biharsharif in connection with Karai Persurai P. S. Case No. 73 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T