Ranjeet Kumar Mandal @ Ranjeet Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51590 of 2014 Arising Out of PS.Case No. -164 Year- 2012 Thana -RAHIKA District- MADHUBANI ====================================================== Ranjeet Kumar Mandal @ Ranjeet Mandal, son of Sri Parmeshwar Mandal, resident of Village-Nahas, P.S.-Patauna, District-Madhubani. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Md. Imteyaz Ahmad, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Rahika P.S. Case No. 164 of 2012 registered for the offences punishable under Sections 363, 366A, 272 and 120B of the Indian Penal Code.
It has been submitted that the victim is a major girl and she went away from her house along with petitioner out of her own sweet will. The magistrate who recorded her statement has assessed her age to be 18 years and the medical board has assessed to be aged about 19 years. At the time of argument, learned counsel for the petitioner has produced a certified copy of the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. Let the same be kept on record.
Patna High Court Cr.Misc. No.51590 of 2014 (2) dt.03-03-2015 2 / 2 On the other hand, learned APP for the State has opposed the prayer for bail. He has submitted that in the FIR the father of the victim has categorically stated that the victim is a minor and in her statement recorded under Section 164 of the Code of Criminal Procedure, the victim has stated that she is aged about 17 years.
I have heard learned counsel for the parties and perused the record. It would appear from the statement of the victim recorded under Section 164 of the Code of Criminal Procedure that the petitioner is one of the accused who was instrumental in abducting the victim. He is also alleged to have established physical relationship with the victim while she was in his captivity. He had threatened her to talk to her father to withdraw the police case.
Regard being had to the gravity of the offence, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected.
(Ashwani Kumar Singh, J.) Sanjeet/- U T