Karu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23759 of 2017 Arising Out of PS.Case No. -227 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Karu Mandal, Son of Raju Mandal, Resident of Mohalla- Budhu Chak, Devi Mandal Lane, Police Station- Nath Nagar, District- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Nathnagar P.S. Case No. 227 of 2016, registered under Sections 376(2)(i) of Indian Penal Code and Section 4 of POCSO Act, pending in the Court of 1st Addl. Sessions Judge, Bhagalpur.

The accusation is of committing rape at minor girl aged about 9 years by this petitioner.

Learned counsel appearing on behalf of the petitioner submits that petitioner is co-villager of the informant and he has falsely been implicated in this case due to land dispute. Further submission is that in the medial examination no injury was found on the body of the victim and according to pathological report no spermatozoa was found on her person.

Patna High Court Cr.Misc. No.23759 of 2017 (3) dt.28-06-2017 2/2 Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J) manish/- U T