Mayank Rajak @ Chhotu @ Mayank v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80642 of 2018 Arising Out of PS. Case No.-739 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Mayank Rajak @ Chhotu @ Mayank Son of Bikram Rajak Resident of Mohalla - Prabhat Colony, Janta Chauk, P.s.- K Hat, District -Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with K Hat PS Case No. 739 of 2018 for the alleged offence under Sections 341, 323, 354B, 354(D), 448, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Referring to the prosecution case, he submits that allegation against the petitioner is that he developed intimacy with the informant and on 24.10.2018 at about 9 PM by jumping wall he came out in the courtyard of the house of the informant. Parents of the informant came out hearing hullah and then the petitioner

Patna High Court Cr.Misc. No.80642 of 2018(2) dt.16-01-2019 2/2 caught hold the hand of the informant. Learned counsel representing the petitioner submits that petitioner has not committed any offence. He further submits that there is delay of three days in lodging the FIR.

Referring to the statement of the victim under Section 164, CrPC learned counsel for the petitioner further submits that she admitted that friendship between the petitioner and the informant led to chatting on Facebook and message exchange. Considering the statement of the victim girl under Section 164 CrPC and also the fact that the petitioner has no criminal antecedent and he is in custody since 28.10.2018, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with K Hat PS Case No. 739 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T