Patna High CourtCR. MISC./35717/2020bail granted

Kapildeo Mandal v. The State Of Bihar

2021-01-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35717 of 2020 Arising Out of PS. Case No.-94 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== KAPILDEO MANDAL S/O PRASADI MANDAL R/O VILLAGE - TAJPUR, P.S. - HAWELI KHARAGPUR, DISTRICT - MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-01-2021 Heard learned counsel for the parties.

This application for regular bail arises out of H.Kharagpur(Shampur) P.S. Case No. 94 of 2020, disclosing offence punishable under Sections 366-A, 120-B, 504, 34 of the Indian Penal Code and Section 8 of the POSCO Act. Learned counsel for the petitioner has, at the very outset, drawn my attention to the statement of the alleged victim recorded under Section 164 of the Cr.P.C. to contend that the entire case of the prosecution is falsified. The victim herself disclosed that she had gone with the petitioner's son Kailash Mandal and she had solemnized marriage with him. The petitioner is father of said Kailash Mandal. He has submitted that no role of the petitioner has been mentioned in the

Patna High Court CR. MISC. No.35717 of 2020(2) dt.20-01-2021 2/2 statement of the victim recorded under Section 164 of the Cr.P.C. The petitioner is in custody since 10.06.2020. Considering the nature of allegation read with the statement of the victim recorded under Section 164 of the Cr.P.C., in my opinion, a case for grant of regular bail is made out. This application is allowed.

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 learned Special Judge, POCSO Act, Munger, in H.Kharagpur(Shampur) P.S. Case No. 94 of 2020.

(Chakradhari Sharan Singh, J) Rajesh/- U T