Arun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47471 of 2018 Arising Out of PS. Case No.-13 Year-2017 Thana- HARLAKHI District- Madhubani ====================================================== Arun Mandal, S/o Late Vijay Mandal, Resident of Village- Kamlawarpatti @ Kamalapatpatti, P.S. Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 376 (D) of the Indian Penal Code and Section 8 of POCSO Act.

Allegation against the petitioner is of commission of rape along with another person on the informant, who is a minor girl. The victim has supported the aforesaid allegation in her statement under Section 164 of the Criminal Procedure Code and thereafter, in examination-in-chief before the trial court. Even, before the trial court she named the rapist including the petitioner in her examination-in-chief. However, in her cross-examination she stated that the accused standing in court is not known to her.

Patna High Court Cr.Misc. No.47471 of 2018(2) dt.16-08-2018 2/2 The aforesaid anomaly is subject matter of trial. Considering the nature of allegation, I am not inclined to enlarge the petitioner, above named, on bail in connection with Harlakhi Police Station Case No.13 of 2017. (Birendra Kumar, J) abhishek/- U T