Patna High CourtCR. MISC./67848/2023bail granted

Soljar Mandal v. The State Of Bihar

2023-11-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67848 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== SOLJAR MANDAL SON OF DINESH MANDAL RESIDENT OF VILLAGE- BARARI, FERI ROAD, PS- BARARI, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-11-2023 This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner has been rejected vide order dated 19.05.2023 passed in Cr. Misc. No. 25809 of 2023.

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

3. The petitioner seeks bail in connection with Ishakchak P.S. Case No. 199 of 2022 registered for the offence under Sections 363, 366A and 34 of the Indian Penal Code and under Section 8/12 of the POCSO Act.

4. As per the prosecution case, the petitioner is accused of abducting a 13 year old girl.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.67848 of 2023(3) dt.24-11-2023 2/2 case and the main accused namely Chhotu Mandal who had taken away the minor girl has already been granted bail by this Court vide order dated 27.07.2023 passed in Cr. Misc. No. 31360 of 2023.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 24.09.2022.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the deposition of the victim girl and also for the reasons mentioned in order dated 27.07.2023 passed in Cr. Misc. No. 31360 of 2023, this application for regular bail is allowed.

9. 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 learned Exclusive Special Judge POCSO-cum-Additional District and Sessions Judge-VI, Bhagalpur in connection with Ishakchak P.S. Case No. 199 of 2022.

(Sandeep Kumar, J) Vikas/- U T