Santosh @ Santosh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65500 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- BAUNSI District- Banka ====================================================== SANTOSH @ SANTOSH MANDAL Son of Sundar Mandal Resident of Village-Porany, P.S.-Bounsi, District-Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandan Prasad For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bounsi PS case no. 231 of 2018 registered for the offences punishable under Sections 341, 323, 327, 452, 354(B), 379, 376/511 of Indian Penal Code.

The allegation is regarding the accused persons having engaged in assaulting the prosecution party and having tried to outrage the modesty of the female members and as far as the petitioner is concerned, he is stated to have arrived at the house of the informant, one night prior to the alleged date of incident and is stated to have tried to outrage the modesty of the wife of the informant.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.65500 of 2019(3) dt.04-03-2020 2/2 submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that a bare perusal of the FIR would bear it out that the allegations are ornamental in nature and have been cooked up in order to falsely implicate the petitioner herein. Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner and taking into account the materials available in the case diary, this Court deems it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-2nd class, Banka in connection with Bounsi PS case no. 231 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.