Mani Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71670 of 2019 Arising Out of PS. Case No.-398 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== 1.

MANI MANDAL Son of Surya Narayan Mandal Resident of Village - Hasanpur, P.S.- Muffasil, Distt - Munger.

2.

Surya Narayan Mandal Son of Late Jagdish Mandal Resident of Village - Hasanpur, P.S.- Muffasil, Distt - Munger.

3.

Subhash Mandal Son of Late Jagdish Mandal Resident of Village - Hasanpur, P.S.- Muffasil, Distt - Munger. ... ... Petitioners

Versus

1.

The State Of Bihar 2.

Naresh Mandal Son of Late Irar Mandal Resident of Sitakund Hasanpur, P.S.- Muffasil, Distt - Munger ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Md. Harun Quareshi, Advocate For the Opposite Parties :

Mr.Ram Sumiran Rai, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under section 420 of the Indian Penal Code read with sections 376, 380, 341, 323, 324, 452, 354/34 of the Indian Penal Code.

It is alleged that two accused persons, namely, Babuwa and Mantu attempted to commit rape on the complainant and when she reached their house to make complaint, petitioners came to the house of the victim, assaulted her parents and looted away ornaments and cash of Rs.15,000/-. Learned counsel for the petitioners submits that they did not make attempt to commit offence. Instant case is a false case lodged to save skin from Mufassil Police Station Case No. 128 of 2019 lodged by petitioner no.2. Petitioners have no

Patna High Court CR. MISC. No.71670 of 2019(2) dt.20-11-2019 2/2 criminal antecedent.

In view of the facts and circumstances of the case, in the event of arrest/surrender within six weeks from today, let all the three petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I, Munger in Complaint case no. 398C of 2019, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners temper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T