Parmeshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39711 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -JHAJHA District- JAMUI ====================================================== Parmeshwar Mandal S/o Late Hari Mandal, R/o Vill.- Ekdara, P.S.- Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jhajha P.S. Case No.105 of 2017 registered for the offences punishable under Section 376 of the I.P.C. and Section 4 of POCSO Act.

The petitioner is named in the F.I.R. with specific allegation that he committed rape on the victim girl aged about 16 years. The informant of this case is brother of victim and this petitioner had married with the step mother of the informant. In the case-diary I find that a large number of witnesses have supported the allegation of rape by this petitioner. The victim was produced before the Medical Board where her

Patna High Court Cr.Misc. No.39711 of 2018 (4) dt.29-08-2018 age has been assessed in between 15-16 years and she was found to be pregnant carrying pregnancy of five months. The victim was produced before the magistrate where she disclosed her age as 14 years and the learned magistrate has also assessed her age as 14 years. She has supported the allegation of rape against this petitioner.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. His prayer for bail is accordingly rejected.

(Sanjay Kumar, J) Harish/- U