Rajesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30933 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Rajesh Mandal Son Of Doman Mandal Village Ulta Pul Ke Niche PsMojahidpur, District -BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Sultanganj P.S. Case No. 478 of 2022 dated 12.12.2022 registered for the offence punishable under Sections 366 (A) / 34 of the Indian Penal Code and Section 8 of POCSO Act. As per the prosecution case, the allegation against the petitioner is abduction of minor daughter of the informant for the purpose of marriage.
Learned counsel for the petitioner submits that X-ray report of the victim shows that she is between 17-19 years and she has in her statement under Section 164 Cr.P.C. stated that she was in love with the petitioner and herself left the house after quarrel with her mother. He further submits that there is no
Patna High Court CR. MISC. No.30933 of 2023(2) dt.15-06-2023 2/2 allegation of overt act against the petitioner by the victim. The charge-sheet has already been submitted. Petitioner has no criminal antecedent and is in jail custody since 15.02.2023. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge Seventh-cum-Exclusive Special Judge POCSO, Bhagalpur in connection with Sultanganj P.S. Case No. 478 of 2022.
(Sunil Dutta Mishra, J) ashutosh/- U T