Nanda Mandal @ Nandlal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43216 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- MAHILA District- Munger ====================================================== Nanda Mandal @ Nandlal Mandal Son of Late Chhotelal Mandal Resident of Village- Ghorghat (Karhariya), P.S.- Bariyarpur, District- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suman Kumar Mishra For the Opposite Party/s :
Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Mahila P.S. Case No. 04 of 2021, registered for the offence punishable under Sections 376/506 of the Indian Penal Code and section 4/8 of the POCSO Act.
As per the prosecution case, this petitioner is alleged to have committed rape with informant (minor). It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Medical report does not support the prosecution story. Petitioner is in custody since 12.02.2021 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific and direct
Patna High Court CR. MISC. No.43216 of 2021(3) dt.15-11-2021 2/2 allegation against this petitioner of committing rape with the informant while she was alone at her Bathan. The informant in her statement under Section 164 Cr.P.C has duly supported the prosecution story and charge has already been framed against this petitioner.
Considering the facts aforesaid, nature of allegation and the fact that charge has already been framed against petitioner, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T