Nand Kishore Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.4505 of 2015 (3) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4505 of 2015 Arising Out of PS.Case No. -68 Year- 2014 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Nand Kishore Mandal Son of Panchu Mandal @ Panjabi Mandal resident of village - Shivrampur, P.S. Sahkund, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Binod Kumar -Iii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Para 24 of the case diary reveals that the victim specifically stated about the incident of rape and she specifically stated that petitioner allured her and committed rape on her. The victim was found below 12 years in medical examination and the blood stained clothes of the victim were also seized in course of investigation.

Considering the nature of allegation as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sahkund P.S. Case No. 68 of 2014 corresponding to G.R. No.

Patna High Court Cr.Misc. No.4505 of 2015 (3) dt.23-04-2015 1569 of 2014 pending in the court of 1st Additional Sessions Judge-cum-Special Judge (POCSO) Act, Bhagalpur stands rejected.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T