Manish Kumar @ Deonandan Mandal@Manish Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.177 of 2023 Arising Out of PS. Case No.-311 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== MANISH KUMAR @ DEONANDAN MANDAL@MANISH MANDAL S/o Rajendra Mandal R/v- Sonudih, P.S.- Goradih, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jagdishpur (Goradih) Police Station Case No. 311 of 2019, dated 03.09.2019, disclosing offences under Sections 147/341/323/504/354-B of the Indian Penal Code. The prosecution case, as per the First Information Report, is that while the informant was returning back after immersion of the idol of Teej, all the accused persons abused and assaulted her by calling her as child lifter and also outraged her modesty.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further

Patna High Court CR. MISC. No.177 of 2023(2) dt.15-05-2023 2/3 submits that after investigation, the petitioner was exonerated and was not sent up for trial, however, the learned Magistrate, differing with the police report, took cognizance of the offences on 20.07.2022.

Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the police, after investigation, submitted final form not sending the petitioner for trial, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Manish Kumar @ Deonandan Mandal, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Jagdishpur (Goradih) Police Station Case No. 311 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √

Patna High Court CR. MISC. No.177 of 2023(2) dt.15-05-2023 3/3