Patna High CourtCR. MISC./38984/2019rejected

Madan Mandal @ Madan Kumar Kamti v. The State Of Bihar

2019-09-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38984 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- KRITYANAND NAGAR District- Purnia ====================================================== MADAN MANDAL @ MADAN KUMAR KAMTI Son of Jag Narain Kamti Resident of Village - Ujangarh Tola, P.S.- Sakepur, Distt - Darbhanga, at present near police Line, Purnia, P.S.- K. Hat, Distt - Purnia. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-09-2019 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with K. Nagar (Marnga) P.S. Case No. 6 of 2019 corresponding to Special Pocso Case No. 211 of 2019 registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and sections 3/4 of the POCSO Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case merely on basis of suspicion. The victim in her statement under section 164 Cr. P.C. has not stated anything against this petitioner. Petitioner has no criminal antecedent and is in custody since 09.01.2019.

Patna High Court CR. MISC. No.38984 of 2019(3) dt.04-09-2019 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that there are allegations against this petitioner showing his complicity in the alleged crime.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

However, petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) mcv/- U T