Patna High CourtCR. MISC./3162/2021allowed

Rajesh Kumar @ Rajesh Mandal v. The State Of Bihar

2021-06-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3162 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- LAKHNAUR District- Madhubani ====================================================== RAJESH KUMAR @ RAJESH MANDAL Son of Late Suresh Mandal Resident of Village- Purni Pokhar Navtol, P.S.- Lakhnaur (R.S.O.P.), DisttMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-06-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Lakhnaur (R.S.O.P.) P.S. Case No. 101 of 2020 for the offence under Sections 363 and 366(A) of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 06.03.2020 whereas the F.I.R. has been instituted on 07.05.2020 after lapse of almost two months without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the victim in her statement recorded under Section 164 Cr.P.C.

Patna High Court CR. MISC. No.3162 of 2021(2) dt.17-06-2021 2/2 she disclosed her age about 21 years and she herself admitted that out of her sweet will solemnize marriage with the petitioner. Therefore, no case under Section 366(A) of the Indian Penal Code is made out against the petitioner. The petitioner is rotting in custody since 28.09.2020. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Jhanjharpur, Madhubani in connection with Laknaur (R.S.O.P.) P.S. Case No. 101 of 2020.

(Arvind Srivastava, J) Brajesh/- U T