Birbal Mandal @ Birbal Rajwar @ Birmal Mandal @ Birmal Rajwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55737 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Birbal Mandal @ Birbal Rajwar @ Birmal Mandal @ Birmal Rajwar, Son of Upendra Mandal @ Upendra Rajwar, Resident of Village - Uday Nagar, P.S.- K. Nagar (Srinagar), Distt - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 26.03.2019 in connection with Special Case No.19 of 2019 arising out of K. Nagar (Sri Nagar) P.S. Case No.93 of 2019 registered for the offence under Sections 376(2)(i), 34 of the Indian Penal Code and Sections 3 and 4 of the POCSO Act, which is pending in the court of the learned Additional Sessions Judge-I-Cum Special Judge, Purnea.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he had tied the hands of the victim girl while Ramchandra Mandal had committed rape on her.

Patna High Court CR. MISC. No.55737 of 2019(3) dt.25-09-2019 2/2 Considering the fact that the petitioner has actively participated in the commission of the offence and that the girl is a minor, I am not inclined to grant bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) PNM U T