Petitioner sought regular bail in an FIR alleging acid attack. Court examined injury report confirming vitriolage and denied bail citing gravity of offence under Section 326-A IPC, directing renewal after one year.
Regular bail dismissed; petitioner allowed to renew prayer for bail after one year if trial records no progress.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30729 of 2021
Arising Out of PS. Case No.-109 Year-2020 Thana- KHUTAUNA District- Madhubani
======================================================
JITAN MANDAL Son of Faguni Mandal Resident of Village - Ekdara, P.S. - Khutauna, District - Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Baleshwar Kamat For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur For the Informant : Mr. Sunil Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 21-02-2022
Heard learned Counsel for the petitioner, learned
Counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Khutauna Police Station Case No. 109 of 2020, registered for the offences punishable under Sections 341/323/307/326/504/ 506 of the Indian Penal Code.
The allegation, as per the First Information Report, is that at about 01:30 AM in the night, upon hearing the noise of the son of the informant, the informant reached in the bedroom of his son, where he saw that the petitioner was caught by his wife and when the lights were turned on, the informant and his wife found that battery water was poured on the face and body
Patna High Court CR. MISC. No.30729 of 2021(6) dt.21-02-2022 2/3
of their son by the petitioner.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to village politics. He further submits that the petitioner has got no criminal antecedent and he is in custody since 18.08.2020.
On the other hand, learned Additional Public Prosecutor and learned Counsel for the informant, referring to the contents of the case diary, submit that the petitioner has poured acid on the face and other parts of the body of the son of the informant and the statement of the injured was recorded in course of investigation, in which he has stated that the petitioner wanted to establish unnatural physical relationship with him and on the protest by the victim, the petitioner poured acid upon his face and other parts of his body.
This Court, vide order, dated 15.12.2021, had called for the complete injury report and from perusal of the same, it would be evident that the doctor has opined the case of the injury as vitriolage (acid attack) and the nature of the injury has been prescribed as grievous.
Regards being had to the submissions advanced on behalf of the parties and taking into consideration the gravity
Patna High Court CR. MISC. No.30729 of 2021(6) dt.21-02-2022 3/3
of the offence regarding acid attack and the stringent punishment prescribed under Section 326-A of the Indian Penal Code and the fact that the injured has disclosed the name of the petitioner, who poured acid on his face and body, I am not inclined to grant regular bail to the petitioner, at this stage.
This application is, accordingly, dismissed.
However, the petitioner may renew his prayer for bail after one year from today, if the trial does not record any progress.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
2 issues framed by the court
Whether regular bail should be granted to the petitioner in view of the gravity of the alleged acid attack.
Whether the petitioner can renew the bail application after one year if trial progresses slowly.
1 provisions across 1 enactments
Jitan Mandal
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
