Rudal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26280 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Rudal Mandal son of Surya Narayan Mandal Resident of Village Parwata p.s. Chousa, Distric Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 365, 366, 366(A), 34 of the Indian Penal Code and Sections 3, 4 of POCSO Act. The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she specifically stated that she eloped with petitioner by her own will and after that started residing with petitioner at Bhagalpur. The victim has nowhere made any complain against the petitioner of her sexual exploitation. No doubt, victim was minor at the time of alleged occurrence but there is nothing in the statement of victim to show that she was allured by the petitioner.

Patna High Court Cr.Misc. No.26280 of 2016 (2) dt.11-07-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, Purnea in connection with Special Case No. 24 of 2016 arising out of Bhawanipur-Akbarpur P.S. Case No. 60 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T