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Patna High CourtCR. MISC./22558/2022dismissed

Chhabila Mandal v. The State Of Bihar

2022-08-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22558 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== CHHABILA MANDAL Son of Mahendra Mandal Resident of Village - Rohua, P.s.- Sonbarasa, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The Petitioner apprehends his arrest in connection with Sonbarsa P.S. Case No.49 of 2022, registered for the offences punishable under Sections 376(DA) of the Indian Penal Code and Sections 4/6 of the POCSO Act.

The petitioner and co-accused, Sushil Mandal are said to have committed rape with the victim girl.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that the medical report does not support the prosecution case.

Patna High Court CR. MISC. No.22558 of 2022(2) dt.25-08-2022 2/2 Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the victim is minor.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T