Mahesh Kumar @ Mahesh Kumar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.19327 of 2018 (3) dt.02-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19327 of 2018 Arising Out of PS.Case No. -181 Year- 2017 Thana -KHAJEKALLAN District- PATNA ======================================================

1. Mahesh Kumar @ Mahesh Kumar Mandal, S/o Late Mallu Mandal, Resident of Bhawar Pokhar, Bagicha, P.S.- Pirbahore, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 09.01.2018 in connection with Khajekallan P.S. Case No. 181/17 registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

Diary in the present case was called for which has since been received.

Learned counsel for the petitioner submits that the girl is major and had fled along with the petitioner out of her own sweet-will.

However, learned counsel for the State after perusal of the case diary submits that victim girl in her statement made before the Court under Section 164 Cr. P.C., has stated that she

Patna High Court Cr.Misc. No.19327 of 2018 (3) dt.02-05-2018 was forcibly kidnapped and subjected to rape and was threatened to give false statement that she went out of her own sweet-will otherwise her entire family members will be done away. Considering the aforementioned statements made in the case diary, I am not inclined to grant bail to this petitioner. It is accordingly rejected.

(Anjana Mishra, J) Saif/- U T