Anil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73327 of 2024 Arising Out of PS. Case No.-449 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.

Anil Mandal S/o Late Sukdeo Prasad Mandal R/o Village- Pakariya Bastaul, P.O.- Dharahan, P.S.- Pranpur, District- Katihar 2.

Munni Devi W/o Anil Mandal R/o Village- Pakariya Bastaul, P.O.- Dharahan, P.S.- Pranpur, District- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubi Devi W/o Hari Prasad R/o Mohalla- Teja Tola, P.S.- Katihar (Shayak), District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Narayan Yadav, Advocate Mr. Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-11-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Katihar (Nagar Sahayak) P.S. Case no. 449 of 2024, registered under sections 376, 306, 323 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that she was trapped by co-accused Ajay Mandal in a love affair. He continued to physically exploit her for three years and on her becoming pregnant, refused to perform marriage. It is further

Patna High Court CR. MISC. No.73327 of 2024(2) dt.11-11-2024 2/3 stated that on informing her parents and going to the house of Ajay Mandal, the petitioners herein, who happen to be his parents, abused them in filthy language and forced them to leave.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. From the contents of the F.I.R. itself it would transpire that the main allegation is against co-accused Ajay Mandal and the petitioners have been falsely implicated in the case only for the reason that they happen to be his parents. The allegations levelled against these petitioners are false and concocted. They have no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., the main allegations being against co-accused Ajay Mandal and the petitioners herein who happen to be his parents not having any criminal antecedent, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with

Patna High Court CR. MISC. No.73327 of 2024(2) dt.11-11-2024 3/3 Katihar (Nagar Sahayak) P.S. Case no. 449 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar. (Partha Sarthy, J) avinash/- U T