Birju Mandal @ Brij Narayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67178 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== BIRJU MANDAL @ BRIJ NARAYAN MANDAL SON OF LATE MAHADEV MANDAL VILLAGE- BELHA, PS- PHULPARAS, DISTMADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, A.P.P.

Mr. Kumar Dhananjay Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-10-2023 1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

Petitioner apprehends arrest in connection with Phulparas P.S. Case No. 241 of 2022 registered for the offences under Sections 341, 323, 376, 420 and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that the FIR has been lodged after a delay of two weeks without there being any explanation for the same. It is also submitted that the final form has been submitted and also no sign of sexual assault is found in the medical examination of the victim as contained in the medical

Patna High Court CR. MISC. No.67178 of 2023(2) dt.18-10-2023 2/2 report at Annexure-P4. Petitioner has no criminal antecedent. 4.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Additional Sessions Judge-VII-cumSpecial Judge (POCSO), Madhubani in connection with Phulparas P.S. Case No. 241 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) anuradha/- U T