Manish Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31915 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -HATHAURI District- MUZAFFARPUR ====================================================== Manish Kumar Mandal, Son of Ashok Mandal, Resident of village - Sohijan, P.S. Hathauri, District - Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhash Ranjan Thakur, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 14-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 354B of the Indian Penal Code and Section 8 of Protection of Children from Sexual Offence Act.

The allegation against the petitioner is that he caught hold the hand of the prosecutrix, offered her Rs.200/- and asked to go with him in an orchard. When she refused, the petitioner tried to drag her. On raising alarm, he escaped.

It is submitted that no case under Section 8 of Protection of Children from Sexual Offence Act is applicable as the only allegation is that the petitioner caught hold of the hand of the

Patna High Court Cr.Misc. No.31915 of 2015 (2) dt.14-08-2015 2/2 prosecutrix and tried to drag her. The petitioner has been in custody since 4.06.2015 having no criminal antecedent. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, POSCO, Muzaffarpur in Hathauri P.S. Case No.53 of 2015 with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T