Hira Mandal And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.7827 of 2016 (2) dt.01-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7827 of 2016 Arising Out of PS.Case No. -59 Year- 2015 Thana -JHAJHA District- JAMUI =====================================

1. Hira Mandal, S/o Late Hemal Mandal, resident of VillageSair, P.S.- Jhaja, District- Jamui.

2. Shambhu Sharma, S/o Late Shankar Prasad Sharma, resident of Village- Bus Stand Jhajha, P.S.- Jhajha, DistrictJamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s :Mr. Parmeshwar Vishwakarma, Adv. For the Opposite State :Mr. Ram Anurag Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jhajha P.S. Case No.59 of 2015, disclosing offences under Sections 341, 323 and 354(B)/34 of the Indian Penal Code.

It is submitted by learned counsel, appearing on behalf of the petitioners, that it has been falsely alleged in the First Information Report that the petitioners attempted to

Patna High Court Cr.Misc. No.7827 of 2016 (2) dt.01-04-2016 outrage the modesty of the informant. He submits that the very fact that First Information Report came to be registered three days after the date of occurrence, causes serious doubt over the veracity of the prosecution case.

I find substance in the submission made on behalf of the petitioner. This application is, accordingly, allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No.59 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

Praveen-II/- (Chakradhari Sharan Singh, J.) U T