Mangal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33362 of 2015 Arising Out of PS.Case No. -239 Year- 2014 Thana -PATRAKARNAGAR District- PATNA ====================================================== Mangal Singh, Son of Late Darwari Rai, Resident of Mohalla - Jogipur near Braham Asthan, Police Station Patrakar Nagar in the town and District of Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mrs. Madhurilata (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 21-08-2015 Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner seeks bail in Patrakar Nagar P.S. Case No.239 of 2014 registered for the offence punishable under Section 354 of the Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act.
The allegation against the petitioner is that he used to do obscene act and obscene talk with 10 years minor daughter of the informant in his absence.
It is submitted that the informant had taken loan of Rs.1,00,000/- from the petitioner for running his shop, but he did not return the same and thereafter, the present case has been lodged maliciously. The statement of the victim has been recorded under Section 164 Cr.P.C. after much delay i.e. on 20.05.2015, whereas, the
Patna High Court Cr.Misc. No.33362 of 2015 (2) dt.21-08-2015 2/2 petitioner surrendered in this case on 11.05.2015. The learned counsel for the State submits that it appears from the statement of the victim recorded under Section 164 Cr.P.C. that the petitioner has also committed her rape and has also threatened her not to disclose it to any one.
Considering the facts and circumstances of the case, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.
(Amaresh Kumar Lal, J) V.K. Pandey/- U T