Chandra Shekhar @ Pappu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64653 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- SANOKHAR District- Bhagalpur ====================================================== CHANDRA SHEKHAR @ PAPPU MANDAL SON OF MAHESH PRASAD MANDAL R/O VILLAGE - GHUTHIYANI, P.S.- AMDANDA, DISTRICTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Sections 342, 376/34 of the Indian Penal Code and Section 4 of the POCSO Act.

As per the prosecution case, this petitioner is alleged to have enticed the victim girl and brought her to his house and bolted her inside the room, where she was subjected to sexual intercourse on her person by co-accused Gulshan Mahto. It is submitted on behalf of petitioner that the victim girl was examined under Section 164 of the Cr.P.C. wherein she has specifically stated that co-accused Gulshan Mahto has committed rape upon her and so far as this petitioner is concerned, he is only alleged to be present there. It is further

Patna High Court CR. MISC. No.64653 of 2021(3) dt.15-04-2022 2/2 submitted that victim was medically examined and the doctor has not found any sign of rape. Petitioner claims clean antecedent and he is in custody since 23.04.2021. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII cum Special Judge (POCSO Act) Bhagalpur in connection with Sanokhar (Amdanda) P.S. Case No. 51 of 2021. (Prabhat Kumar Singh, J) anay/- U T