Pintu Kumar Mandal @ Rintu Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22041 of 2015 Arising Out of PS.Case No. -84 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ====================================================== Pintu Kumar Mandal @ Rintu Kumar Mandal, S/o Binod Mandal @ Billu Mandal, Resident of Village Khurda Lodipur, P.S. Lodipur, District Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl.PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 376, 420 of the Indian Penal Code, Section 4 of the POCSO Act and Sections 3(i)(x) of the SC/ST (POA) Act. The prosecution case, in brief, is that the informant Minakshi Kumari alias Gunja Kumari, aged about 17 years and a student of Class X, met with the petitioner in a coaching class and on the pretext of performing marriage with her, the petitioner committed rape on her. It is further alleged that the petitioner sexually assaulted her and committed penetrative sexual assault for the last two years. Lastly on 10.11.2014, the petitioner refused to marry her and also assaulted her. Hence,

Patna High Court Cr.Misc. No.22041 of 2015 (2) dt.14-07-2015 2/2 the present F.I.R. has been lodged.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.2.2015 and the charge sheet has been submitted in the case. Further, the allegation against him made in the F.I.R. is denied by the petitioner. It is stated that the victim wanted to forcibly marry with this petitioner, but it was not acceptable to the petitioner and hence the victim has brought the prosecution against him. It is further submitted that the petitioner has got no criminal antecedents. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 1st Additional Sessions Judge, Bhagalpur-cum-Special Judge, in connection with Mahila P.S. Case No.84 of 2014(G.R.No.4364/14). (Sudhir Singh, J) PNM U T