Rohit Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64899 of 2023 Arising Out of PS. Case No.-74 Year-2021 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== ROHIT KUMAR MANDAL Son of Ayodhya Mandal R/o vill - Khawa, P.S. - Medni Chowki, Distt. - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 504, 506 and 354 of the Indian Penal Code.
3. On the alleged date and time of occurrence, this petitioner is alleged to have entered the shop of the informant in an intoxicated condition and assaulted and misbehaved with the informant. It is further alleged that on protest by the informant, this petitioner dragged her out of the shop and punched and kicked her her with fists and slaps, as well as by means of bricks, causing head injury to her.
4. It is submitted that petitioner has falsely been
Patna High Court CR. MISC. No.64899 of 2023(3) dt.06-12-2023 2/2 implicated in this false and fabricated case. Though there is allegation of injury but there is no injury report on the record. It is next submitted that there is ten days delay in lodging the F.I.R. for which there is no plausible explanation which itself creates doubt over the entire prosecution case of the informant.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate - 1st , Lakhisarai in connection with Mednichowki P.S. case No. 74 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T