Rajesh Mandal and anr. Vs. the State of Bihar - Court Judgment

Excerpt:

.....these petitioners but admittedly, informant earlier filed a complaint case bearing complaint case no. 394 of 2010 which was converted into rupouli p.s. case no. 96 of 2010. it would appear from perusal of the first information report that alleged occurrence took place on 13.02.2010, whereas the complaint case was filed on 28.04.2010 i.e. after two months of the alleged occurrence. therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioners be released on bail on furnishing bail bonds of rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned additional sessions patna high court cr.misc. no.38433 of 2011 (3) dt.19-01-2012 judge, f.t.c.-1 purnea in connection with rupauli p.s. case no. 96 of 2010 corresponding to session trial no. 1087 of 2011. (hemant kumar srivastava, j) devendra/-

Judgment:

Patna High Court Cr.Misc. No.38433 of 2011 (3) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38433 of 2011 ====================================================== 1. Rajesh Mandal son of Saryug Mandal.

2. Gango Mandal son of Chamak Lal Mandal. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/”

19. 01-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 12.07.2011 and 01.09.2011 respectively in a case registered under Section 366A, 376/323 of the Indian Penal Code. Allegedly, there is specific allegation of rape against these petitioners but admittedly, informant earlier filed a complaint case bearing Complaint Case No. 394 of 2010 which was converted into Rupouli P.S. Case No. 96 of 2010. It would appear from perusal of the First Information Report that alleged occurrence took place on 13.02.2010, whereas the complaint case was filed on 28.04.2010 i.e. after two months of the alleged occurrence. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Patna High Court Cr.Misc. No.38433 of 2011 (3) dt.19-01-2012 Judge, F.T.C.-1 Purnea in connection with Rupauli P.S. Case No. 96 of 2010 corresponding to Session Trial No. 1087 of 2011. (Hemant Kumar Srivastava, J) Devendra/-