Lalit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53986 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -HARLAKHI District- MADHUBANI ====================================================== Lalit Mandal, Son of Awadhi Mandal, Resident of Village- Kamlapath Patti, P.S. Harlakhi, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in connection with Harlakhi P.S. Case No. 13 of 2017 dated 31.01.2017 instituted for the offences under Sections 376(D) of the Indian Penal Code and Section 8 of the POCSO Act.

The petitioner and other are said to have subjected the prosecutrix to sexual intercourse.

Learned counsel for the petitioner has submitted that because of a dispute over a passage of land for which a Panchayati was held in which it was decided that the land would be used by both the parties, the present case has been lodged. It has further been submitted that the allegations do not inspire confidence

Patna High Court Cr.Misc. No.53986 of 2017 (3) dt.04-01-2018 inasmuch as no person of the village saw the petitioner and others taking away the prosecutrix to a desolate corner of the village. However, considering the allegations levelled in the FIR against the petitioner, this Court is not inclined to grant bail to the above named petitioner.

Accordingly, prayer for bail is rejected for the present.

(Ashutosh Kumar, J) KKSINHA/- U T