Mantu Chaupal @ Man Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11307 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- RAIYAM District- Darbhanga ====================================================== MANTU CHAUPAL @ MAN CHAUPAL, Son of Kushe Chaupal. Resident of Village- Pachauri, P.S.- Raiyam, District- Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code and Section 3/4 of the POCSO Act.

Though allegation in the F.I.R. is that the petitioner first ravished the informant in the month of February, 2018 on the point of weapon of cutting. Thereafter, the petitioner was in physical relation with her on different occasions. The informant got pregnant. Thereafter, her parents came to know about the occurrence and then the victim disclosed the name of the petitioner.

Submission is that the doctor has found the age of the victim in between 18-19 years and she was pregnant at the

Patna High Court CR. MISC. No.11307 of 2019(3) dt.06-05-2019 2/2 time of examination. The act of the informant would reveal that she was a consenting party and the consent was not obtained by any fraud. Though the allegation is of consent by force but she did not make any complaint to anyone, after force was used for the first time and at any subsequent time. Petitioner is in custody since 27.09.2018.

Considering the entire facts, let the petitioner, above named, be released on bail after completion of one year of custody, if the trial is not concluded, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Raiyam Police Station Case No.34 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) abhishek/- U T