Ankit Kumar Mandal @ Ankil Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40483 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -ISHIPUR District- BHAGALPUR ======================================================

1. Ankit Kumar Mandal @ Ankil Kumar Mandal, Son of Ambika Prasad Mandal, Resident of Village - Bishal, P.S. - Ishipur (Barahat), District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioner seeks bail in a case under Section 376 and other sections of the Indian Penal Code, section 3⁄4 of Dowry Prohibition Act and under section 4 of POCSO Act. The victim made allegation that the petitioner established physical relationship with her on the pretext of marriage but he refused to marry and began to demand dowry. The petitioner had earlier put vermilion on her head. It is submitted that petitioner is ready to marry with the victim. The case was lodged on some misunderstanding

Patna High Court Cr.Misc. No.40483 of 2015 (2) dt.02-09-2015 2/2 between the victim and the petitioner.

The learned counsel for the informant submits that if the petitioner is ready to marry with the victim, he has got no objection if the petitioner is granted bail.

From the perusal of voter Identity card of the victim, it appears that victim is a major girl aged about 19 years. She was medically examined and the doctor assessed her age between 1719 years. The victim appears to be a consenting party. Considering the facts aforesaid and the fact that petitioner has undertaken to marry with the victim, the above named petitioner is directed to be enlarged 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 learned 1st Additional Sessions Judge-cum- Special Judge, (POCSO) Bhagalpur in Ishipur Barahat P.S. Case No. 56/2015 (G.R. No. 1541/15). (Prabhat Kumar Jha, J) BKS/- U T