Anil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52304 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== ANIL MANDAL SON OF KAMLESH MANDAL @ KULO MANDAL @ KULDIP MANDAL R/O- VILLAGE- PURANI ATHGAMA, P.S.- SABOUR, DISTT.- BHAGALPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

DHOULI DEVI WIFE OF BASUKI MANDAL R/VILL- ATHGAMA, P.S.- SABOUR DISTT.- BHAGALPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-10-2024 Heard the parties.

2. The petitioner is in custody in connection with Sabour P.S. Case No. 57 of 2024 for the offence punishable under sections 376 and section 4 of the POCSO Act, lodged on 11.02.2024 by the informant.

3. As per the prosecution story, the informant alleged that her minor daughter who is deaf and dumb came home weeping and upon inquiry informed about her being raped. Subsequently, when the petitioner came near her house, she indicated and cried whereafter, the informant disclosed this to the Mukhiya which followed the FIR.

4. During investigation, the deaf and dumb girl was

Patna High Court CR. MISC. No.52304 of 2024(3) dt.21-10-2024 2/2 put to 164 CrPC statement with the deaf and dumb specialist/translator and she has fully supported the prosecution story as also the rape. A differently able girl has been raped by the petitioner and she has supported the prosecution story. In that background, no relief can be granted. The bail application stands rejected.

5. The trial court is requested to expedite the trial. (Rajiv Roy, J) perwez U T