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Patna High CourtCR. MISC./77382/2019bail granted

Ranjeet Mandal v. The State Of Bihar

2019-12-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77382 of 2019 Arising Out of PS. Case No.-413 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== RANJEET MANDAL Son of Lalu Mandal Resident of Village - Bhawanipur, P.S.- Sakri, Distt - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Geeta Devi Wife of Bhula Laheri, Resident of Village - Bhawanipur, P.S.- Sakri, Distt - Madhubani.

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the State :

Mr. R.B. Roy 'Raman', A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of C.R. No. 413 of 2018 (T.R. No. 130 of 2019), disclosing the offences under Sections 323, 342, 452, 354(B), 504, 379 and 120(B) of the Indian Penal Code, but cognizance has been taken under Sections 354(B) and 379 of the Indian Penal Code.

It is alleged in the complaint petition that the petitioner entered into the complainant's house on 27.05.2018 and attempted to outrage her modesty. For the alleged occurrence dated 27.05.2018, the complaint petition has been filed on 31.05.2018. There is vague statement made in the complaint petition that the complainant had informed the Police about the occurrence, but no First Information

Patna High Court CR. MISC. No.77382 of 2019(2) dt.17-12-2019 2/2 Report was registered. When did she approach the Police for registration of First Information Report, is not mentioned in the complaint petition. It is the petitioner's case that it is because of civil dispute between the petitioner and others, a false criminal case has been lodged.

Considering the nature of accusation, in my opinion, the case for grant of anticipatory bail is made out. This application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with C.R. No. 413 of 2018 (T.R. No. 130 of 2019), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T