Patna High CourtCR. MISC./45060/2019bail granted

Hari Narayan Mandal v. The State Of Bihar

2019-09-13Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45060 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== HARI NARAYAN MANDAL Son of Chunni Mandal @ Chuni Lal Mandal Resident of Village-Pathra, Gordhai, Ward No.4, P.S.-Triveniganj, DistrictSupaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-09-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with POSCO Case No. 23/19 arising out of Triveniganj P.S. Case No. 141 of 2019 dated 15.05.2019 instituted for the offence under Section 354(B) of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offence.

It has been alleged by the informant that his daughter who was sleeping with her grand-mother was attempted to be molested by the petitioner but he was caught by the informant.

Learned counsel for the petitioner has pointed out that the victim girl did not even wake up on the overtures made by the petitioner and only when the

Patna High Court CR. MISC. No.45060 of 2019(3) dt.13-09-2019 2/2 petitioner is alleged to have been caught by the father of the victim, the girl got up from her sleep. The reason for falsely implicating the petitioner has been set out in paragraph - 6 of the bail petition. The petitioner happens to be the next door neighbour of the informant and there was some dispute in the past with respect to disposal of garbage.

The petitioner is in custody since 16.05.2019. Considering the aforestated facts the petitioner above named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st -cum-Special Court (POCSO), Supaul in connection with POSCO Case No. 23/19 arising out of Triveniganj P.S. Case No. 141 of 2019.

(Ashutosh Kumar, J) krishna/- U T