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Patna High CourtCR. APP (SJ)/1675/2023bail granted

Aman Mandal @ Rajeev Ranjan v. The State Of Bihar

2023-07-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1675 of 2023 Arising Out of PS. Case No.-809 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== AMAN MANDAL @ RAJEEV RANJAN S/O KANAHIYA MANDAL Under Gaurdianship of his father namely Kanahiya Mandal, R/O VillagePachna Road, Ward No. 22, P.S- Kabaiya, Distt.- Lakhisarai. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mayank Bilochan, Adv.

Mr. Shailesh Anand, Adv.

Mr. Rajeev Ranjan, Adv.

For the Respondent/s :

Mr. Syed Ashfaque Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 25-07-2023 Heard the parties.

This is an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 against refusal of the prayer for bail to the appellant by order dated 14.03.2023 passed by the Additional District and Sessions Judge-I-cum-Special Judge, Children Court, Lakhisarai in connection with G.R. No. 07 of 2023 corresponding to Lakhisarai (Kabaiya) P.S. Case No. 809 of 2022. Submission of learned counsel for the appellant is that the Court below has failed to appreciate that there was love affair between the victim girl and the appellant since long and both had voluntarily fled away. Further submission is that the

Patna High Court CR. APP (SJ) No.1675 of 2023 dt.25-07-2023 2/2 appellant has been languishing in remand home since 19.10.2022.

The report of the probation officer mentions that there is love affair between the victim girl and the appellant. Both had studied in the same coaching centre and during the same both had come in contact to each other. The marriage of the girl had been fixed to someone else due to which the girl fled away with the appellant. The report also mentions that appellant needs proper guidance and counselling.

Having considered the submissions advanced on behalf of the parties and the materials available on record, this Court is inclined to grant the privilege of bail to the appellant. Accordingly, the appellant, above named, be enlarged on bail on execution of surety bond by the parents of the appellant giving undertaking that they shall keep proper care and upkeep of the appellant and shall fully co-operate in the pending enquiry/trial. The appeal stands disposed of.

(Arvind Srivastava, J) utkarsh/- AFR/NAFR CAV DATE Uploading Date 27.07.2023 Transmission Date