Rahul Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52820 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- KHARHAGPUR District- Munger ====================================================== Rahul Mandal Son of Jogendra Mandal @ Yogendra Mandal Resident of Village - Raghunathpur, P.S. - Haweli Kharagpur (Shampur), District - Munger.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhim Kumar Yadav For the Opposite Party/s :

Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Haweli Kharagpur (Shampur) P. S. Case No. 99/18 instituted for the offence under Section(s) 366(A)/34 Indian Penal Code.

Learned counsel for the petitioner has submitted that it is a matter of love affairs between the victim girl and the Rahul Mandal.

In the written report itself it is mentioned that informant himself has allowed the victim girl to go with this petitioner to see Mela. It has further been submitted that occurrence is alleged to have been taken place on 11.4.2018 and

Patna High Court Cr.Misc. No.52820 of 2018(3) dt.27-09-2018 2/2 the FIR was instituted on 14.4.2018. The statement of the victim girl has been recorded u/s 164 Cr.P.C. which is annexed as Annexure 2 wherein she has stated that she went to see Mela with this petitioner after taking permission from the informant and thereafter he put handkerchief on the face of the victim on account of which she became unconscious. Thereafter, petitioner took her to Delhi and established physical relationship with her. From the entire nature of the statement given by the victim girl U/s 164 Cr.P.C. it appears that it is a matter of love affairs between the victim and the petitioner Considering the aforesaid, let the petitioner, above named, 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 the ACJM IVth Munger, in connection with Haweli Kharagpur (Shampur) P. S. Case No. 99/18 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T