Rakesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17688 of 2019 Arising Out of PS. Case No.-345 Year-2017 Thana- SABAUR District- Bhagalpur ====================================================== RAKESH MANDAL Son of Devendra Mandal Resident of Village - Baijnathpur, P.S.- Sabour, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-05-2019 The petitioner seeks regular bail in connection with Sabour P.S. Case No. 345 of 2017, registered for offences punishable under Sections 341, 323, 376/34 of the Indian Penal Code and Section 4 /6 of the POCSO Act.

Allegation against the petitioner and one co-accused is of kidnapping the informant and making physical relationship with her.

It has been submitted on behalf of the petitioner the girl in her statement under Section 164 Cr.P.C. has not made any allegation of commission of rape and the girl has disclosed her age as 17 years and further the co-accused having similar allegation has already been enlarged on bail vide order dated 14.09.2018 passed in Cr. Misc. No. 24667/18.

Patna High Court CR. MISC. No.17688 of 2019(3) dt.20-05-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -I-cum-Special Judge, POCSO Act, Bhagalpur, in connection with Sabour P.S. Case No. 345 of 2017, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunilkumar/- U T