Soljar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25809 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== SOLJAR MANDAL SON OF DINESH MANDAL RESIDENT OF VILLAGE- FERI ROAD BARARI, PS- BARARI, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with S.Tr. No. 51 of 2023 arising out of Ishakchak P.S. Case No. 199 of 2022 registered for the offence under Sections 363, 366(A) read with Section 34 of the Indian Penal Code and Section 8/12 of the POCSO Act.

Learned counsel for the petitioner submits that no charge-sheet has been submitted under the POCSO Act and charge-sheet has only been submitted under Section 366A and 34 of the Indian Penal Code.

The petitioner cannot get benefit because of the bad legal knowledge of the investigating officer.

Patna High Court CR. MISC. No.25809 of 2023(2) dt.19-05-2023 2/2 The girl is a minor aged about 13 years and she is studying in class V and was taken away by the petitioner and other co-accused and this Court is also of the view that chargesheet should also have been submitted under POCSO Act also. In view of the facts and circumstances, as mentioned above, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer of bail of the petitioner is rejected herewith.

The Court below is directed to expedite the trial. The Senior Superintendent of Police, Bhagalpur is directed to look into the matter and consider that whether the charge-sheet should have been submitted under POCSO Act or not.

Let a copy of this order be communicated to the Senior Superintendent of Police, Bhagalpur through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U