Awadhesh Mandal @ Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57597 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -BANMANKHI District- PURNIA ====================================================== Awadhesh Mandal @ Awadhesh Kumar S/o Ramchandra Mandal, R/o Village- Hanuman Nagar, Ward No. 11, South Tola, P.S.- Banmankhi, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2018 Supplementary affidavit has been filed on behalf of the petitioner disclosing that the petitioner is aged about 20 years. Let it be kept on the record.

Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Special Case No. 46 of 2017 arising out of Banmankhi P.S. Case No. 128 of 2017 for the offences punishable under sections 448, 354 (A) and 354 (D) of the I.P.C and section 8 of the POCSO Act.

Allegedly, in absence of the informant the petitioner after entering in to the house of the informant tried to outrage the

Patna High Court Cr.Misc. No.57597 of 2017 (3) dt.18-01-2018 2/2 modesty of Khusboo Kumari, aged 12 years, daughter of the informant. In the Panchayati the petitioner confessed his guilt but did not obey the decision of the Punches.

Submission is of false implication, FIR has been lodged after much delay, the petitioner has been made victim of the circumstances, he has got no criminal history, the prosecution story appears not reliable and probable, no paper of the Panchayati has been filed with the FIR and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes. In the facts and circumstances stated above, considering the allegation, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of 1st Additional Sessions Judge- CumSpecial Judge (POCSO), Purnea. (Jitendra Mohan Sharma, J) Abhay/- U T