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Patna High CourtCR. MISC./77268/2019bail granted

Rup Narayan Mandal v. The State Of Bihar

2020-03-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77268 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

RUP NARAYAN MANDAL Son of Late Chhedi Mandal Resident of Village-Munsipatti, P.S-Sultanganj, District-Bhagalpur. 2.

Rajendra Mandal @ Rajendra Prasad Mandal Son of Late Chhedi Mandal Resident of Village-Munsipatti, P.S-Sultanganj, District-Bhagalpur. 3.

Shobha Kant Mandal Son of Rup Narayan Mandal Resident of VillageMunsipatti, P.S-Sultanganj, District-Bhagalpur. 4.

Sujit Kumar Son of Rajendra Mandal @ Rajendra Prasad Mandal Resident of Village-Munsipatti, P.S-Sultanganj, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Sultanganj PS case no. 232 of 2019 registered for the offences punishable under Sections 341, 323, 354(B), 506, 504/34 of Indian Penal Code and Section 8 of POCSO Act.

The allegation is regarding the co-accused person namely Gajadhar Mandal having tried to commit rape with the informant and when the mother, father and brother of the

Patna High Court CR. MISC. No.77268 of 2019(3) dt.06-03-2020 2/3 informant had caught the said co-accused person namely Gajadhar Mandal and were taking him to police station, the petitioners are said to have arrived and freed the said co-accused person namely Gajadhar Mandal, whereafter the said co-accused person had fled away.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted that co-accused person namely Gajadhar Mandal has already been granted regular bail by the learned court below vide order dated 21.11.2019, passed by the Addl. Sessions Judge-1st-cum-Special Judge, POCSO Act, Bhagalpur. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their 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, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl.

Patna High Court CR. MISC. No.77268 of 2019(3) dt.06-03-2020 3/3 Sessions Judge-1st-cum-Special Judge, POCSO Act, Bhagalpur in connection with Sultanganj PS case no. 232 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T