Kaleshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8620 of 2021 Arising Out of PS. Case No.-243 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== KALESHWAR MANDAL Son of Jadu Mandal Resident of Village- Parwaha (Ward No. 05) Sarigarh, P.S.- Kishanpur, District- Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-08-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offences punishable under Section 376/34 of the I.P.C. and Section 4 of POCSO Act.

Allegation against the petitioner is that he ravished to the informant, a girl aged about 16 years.

Submission is that the victim is not a minor and is a relative of the petitioner. She was in consensual relationship. Considering the nature of allegation and presumption of law against the petitioner of no consent of the victim when she is saying that she has not consented, I am not inclined to enlarge the petitioner on bail. Hence, prayer for bail is refused in connection with Kishanpur P.S. Case No. 243 of 2020 arising out of POCSO Case No. 44 of 2020 pending in the court of

Patna High Court CR. MISC. No.8620 of 2021(3) dt.09-08-2021 2/2 learned Additional Sessions Judge-VI-cum Special Sessions Judge, POCSO Court, Supaul.

The learned trial court is directed to expedite the trial. (Birendra Kumar, J) shahzad/- U T