Govind Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77844 of 2018 Arising Out of PS. Case No.-231 Year-2018 Thana- DHARHARA District- Munger ====================================================== Govind Mandal, son of Sudhir Mandal, resident of Village, Pachrukhi, P.S. Dharahra, Distt.- Munger ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kamal Nayan For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Dharahra P.S. Case No. 231/2018 registered for the offences punishable under 366(A)/34 of the Indian Penal Code and Section 8/12 of the POSCO Act.

Allegation against the petitioner is to have committed rape upon the daughter of the informant.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. In her statement recorded under Section 164 Cr.P.C., the victim girl has stated that petitioner has committed rape with her and forcibly kept her with him for two days. Considering the facts and circumstances of the case and also in view of the fact that there is direct allegation agaisnt

Patna High Court Cr.Misc. No.77844 of 2018(4) dt.28-01-2019 2/2 the petitioner of committing rape upon the daughter of the informant, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected. However, after framing of charges, the petitioner would be at liberty to renew his prayer for bail. (S. Kumar, J) Sanjay/- U T