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Patna High CourtCR. MISC./29366/2020allowed

Rajesh Mandal v. The State Of Bihar

2020-12-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29366 of 2020 Arising Out of PS. Case No.-301 Year-2015 Thana- SHERGHATI District- Gaya ====================================================== RAJESH MANDAL S/o Chhedi Mandal Resident of Village-Bhagewar, Police Station-Hunterganj, District-Chatra (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mirtunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-12-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is an accused in connection with POCSO Case No. 11 of 2016 arising out of Sherghati (Dobhi) P.S. Case No. 301 of 2015 for the offence registered under Sections 366(A) and 376 of the Indian Penal Code and Sections 4 & 8 of the Prevention of Children from Sexual Offences (POCSO) Act. Earlier prayer for bail of the petitioner was rejected vide order dated 04.04.2019 passed in Cr. Misc. No. 5477 of 2019.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the instant case. It is further submitted that the fresh ground in the present case is that the petitioner is in custody for five years. It is further submitted

Patna High Court CR. MISC. No.29366 of 2020(2) dt.10-12-2020 2/2 that the petitioner has no criminal antecedent and he is in custody since 18.11.2015.

Considering the period of custody, let the petitioner, above named, be released on bail on furnishing personal bond to the satisfaction of learned Special Judge (POCSO) Act, Gaya in connection with POCSO Case No. 11 of 2016 arising out of Sherghati (Dobhi) P.S. Case No. 301 of 2015.

(Arvind Srivastava, J) Jagdish/- U T