← Library
Patna High CourtCR. MISC./69545/2018bail granted

Manoj Mandal v. The State Of Bihar

2018-12-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69545 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- HARLAKHI District- Madhubani ====================================================== Manoj Mandal, S/o Ram Kishun Mandal, Resident of Hat Parsa, P.S.- Harlakhi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Harlakhi P.S. Case No. 109 of 2018 (G.R. No. 45 of 2018) registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 4 of the POCSO Act.

Informant is the mother of the victim girl who in her written complaint has stated that on 21.05.2018 his minor daughter Juhi Kumari has gone to take the examination but thereafter at 6:30 P.M. accused Sabir Nadaf and one unknown person on the strength of pistol snatched mangalsutra from the neck of the informant and took away her minor daughter forcibly with him.

Patna High Court Cr.Misc. No.69545 of 2018(2) dt.04-12-2018 2/2 It has been submitted that petitioner is innocent and has been falsely implicated in this case. The girl was recovered and in her statement recorded under Section 164 Cr.P.C., she has stated that she was forcibly taken into the car in which four accused persons including petitioner was there. She has not alleged any type of assault or teasing against petitioner. Similarly placed co-accused has been granted bail by coordinate Bench of this court in Cr. Misc. No. 47573 of 2018 vide order dated 03.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Jutdge-cum-Special Judge, POCSO Act, Madhubani, in connection with Harlakhi P.S. Case No. 109 of 2018 (G.R. No. 45 of 2018).

(S. Kumar, J) Rajiv/Manoj U T