Ganesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55088 of 2018 Arising Out of PS.Case No. -88 Year- 2018 Thana -BAJPATTI District- SITAMARHI ======================================================
1. Ganesh Mandal, S/o Jimdar Mandal, Resident of Village- Raipur Jagnath P.S.- Bajpatti, District- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 341, 323, 325, 307, 354 of the Indian Penal Code.
The prosecution case, in brief, is that in course of returning her house from the market, in the way, the accused persons committed rape with her. It is further alleged that thereafter accused persons came armed with Farsa and assaulted with Farsa as a result of which, one Rambabu Mandal received bleeding injury.
It has been submitted on behalf of the petitioner that the
Patna High Court Cr.Misc. No.55088 of 2018 (3) dt.20-11-2018 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There is case and counter case between the parties. No deadly weapon is alleged to have been used in course of occurrence. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 88 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T