Ashok Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47940 of 2017 Arising Out of PS.Case No. -154 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Ashok Mandal Son of Vishundeo Mandal, R/o Village- Santnagar, Hanuman Ghar, P.S.- Barari, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Nathnagar P.S. Case No. 154 of 2017 instituted for the offence under Sections-376/34 of the Indian Penal Code and Section-4 of the POCSO Act. In the written report, there is allegation against this petitioner that he took the informant in his lap and committed rape with her along with other co-accused Ram Mandal in the maize field. The victim girl has given statement u/S 164 of the Cr.P.C. wherein she has stated that this petitioner and one Ram Mandal kidnapped her from the Basa and committed rape with her in the maize field The medical report of the victim girl has been enclosed as Annexure-3 to this petitioner wherein the doctor has found age of the victim to be below 18 years.

Counsel for the petitioner has submitted that there is some

Patna High Court Cr.Misc. No.47940 of 2017 (2) dt.17-10-2017 2/2 inconsistency in the statement of the victim u/S 164 of the Cr.P.C. and the allegation made in the fardbyan. Counsel for the petitioner has submitted that he has falsely been implicated in the case because earlier Mama of the petitioner has filed a case against Bahnoi of the victim girl and therefore, at the instance of her Bahnoi, the victim has falsely implicated the petitioner. This petitioner is witness in that case. This court finds that both in the fardbyan and the statement u/S 164 of the Cr.P.C. the victim girl has levelled specific allegation against the petitioner of committing rape with her along with coaccused Ram Mandal. In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected.

The petitioner is directed to surrender in the court below and seek regular bail which will be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T