Babloo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54366 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -DHAMDAHA District- PURNIA ====================================================== Babloo Mandal, son of Late Anandi Mandal, resident of Village- Madrouni, P.S. Dhamdaha, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Uday Chand Prasad A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Dhamdaha P.S. Case No. 11 of 2018 (Special Case No. 6/18 CIS No. 6/18) instituted for the offence under Section 376 of the Indian Penal Code, Sections 3 and 4 of POCSO Act.

It is alleged in the written report that petitioner has committed illegal act with daughter of the informant aged about five years.

Case diary has been received.

Learned A.P.P. has submitted that Medical Report of the victim girl is available in the case diary wherein the Doctor has assessed her age between 6 to 7 years. In the Medical Report the Doctor has stated that possibilities of sexual assault could not be ruled out.

Patna High Court Cr.Misc. No.54366 of 2018 (3) dt.10-10-2018 2/2 In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage.

Therefore, prayer for bail of the petitioner stands rejected.

Petitioner may renew his prayer for bail after six months.

(Sanjay Priya, J) S.Ali/- U T