Bihari Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.35813 of 2015 (3) dt.05-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35813 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -FALKA District- KATIHAR ====================================================== Bihari Mandal S/o- Madan Mandal, R/o- Kablasiya, P.S.- Falka, DisttKatihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh For the Opposite Party : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 05.02.2015 in a case instituted under Section 376 of the Indian Penal Code and 4 of POCSO Act.

It is alleged by the informant that on 30.10.2015 she went for natural call in the field of Pakla Yadav and petitioner had forcibly raped with her and her brothers, namely, Amit Choudhary and Mantu Chaudhary came there and they caught the petitioner. It has been submitted on behalf of the petitioner that petitioner has got no criminal antecedent. He is in custody since 05.02.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. From

Patna High Court Cr.Misc. No.35813 of 2015 (3) dt.05-10-2015 perusal of Anenxure-3, it would appear that the doctor in the medical examination of the victim has stated that there was no spermatozoa found. The age of the victim is assessed between 16 and half years to 18 years. It is further submitted that the petitioner may be released after completion of nine months in custody from 05.02.2015.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, it is directed that the above named petitioner be released on bail after completion of nine months in custody from 05.02.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri R.P.Singh, Special Judge/Additional Sessions Judge, Katihar in connection with Falka P.S.Case No.20 of 2015. (Sudhir Singh, J) B.Kr./- U T