Arjun Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32016 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== ARJUN MANDAL Son of Kekai Mandal Resident of village-Khamkol ward no. 01, Police Station-Forbesganj, District-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2023 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. J. Upadhyay, learned additional Public Prosecutor for the State.
2. Petitioner seeks regular bail in connection with Forbesganj PS Case No. 92/2023 dated 30.01.2023 registered for the offence punishable under sections 341, 323, 504/34 of the IPC and sections 3 (i) (r) (s) of the SC/ST Act along with section 8 of the POCSO Act.
3. As per prosecution case, while the minor daughter of the informant along with other three girls, was coming back after plucking legumes from the field, she was intercepted by the petitioner who tied the girls with a bamboo tree and committed sexual harassment upon the informant's daughter.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land
Patna High Court CR. MISC. No.32016 of 2023(2) dt.05-07-2023 2/3 dispute between the parties who are close-door neighbours. He further submits that there is a delay of three days in lodging of the FIR inasmuch as the occurrence has taken place on 27.01.2023 whereas the information of the occurrence was given to the police station on 30.01.2023. It is also submitted that both the parties who are close-door neighbours have entered into a compromise which would be evident at page 13 of the instant application. The petitioner is in custody since 31.01.2023, charge-sheet has been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidence.
5. Regards being had to the submissions made by the parties, taking into consideration the fact that both the parties are close-door neighbours, there is a land dispute between them, petitioner is in custody since 31.01.2023, charge-sheet has been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.
6. Accordingly, let the petitioner, ARJUN MANDAL 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 learned Special Judge (POCSO)-cum-Additional
Patna High Court CR. MISC. No.32016 of 2023(2) dt.05-07-2023 3/3 Sessions Judge-VI, Araria in connection with Forbesganj PS Case No. 92/2023.
(Anil Kumar Sinha, J) perwez U T