The petitioner filed the present case seeking regular bail in connection with a case registered for the offence under Section 452(house-trespass for causing hurt to any person) and 376 of the Indian Penal Code. The Rape Victim filed a Complaint Petition, later on, which was converted into a criminal case. ( Lalan Mandal v. The State of Bihar)
The allegation has been made against the petitioner that he committed rape upon the victim but, she did not came forward to record the statement under Section 164 of the Cr. P.C.
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Learned counsel for the petitioner(Mr. Dhananjay Kumar Pandey) submitted that there is a land dispute between the parties and in order to settle the personal score, this false case has been lodged against the petitioner. He further submits that the petitioner has no criminal antecedent and he is in jail since 01.10.2019 without any fault.
The High Court noted that since the victim did not come forward to record the statement under Section 164 of the CRPC and the aforesaid facts and circumstances of the case, and granted bail to the accused.
The Bench of Justice Shivaji Pandey said “Considering the aforesaid facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 474 of 2019, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.”
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