Ajab Lal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68410 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== 1.

Ajab Lal Mandal, S/o Prasadi Mandal, R/o village- Gourachaki, P.S.- Kajraili, District- Bhagalpur 2.

Chamak Lal Mandal @ Chamakalal Mandal, S/o Prasadi Mandal, R/o village- Gourachaki, P.S.- Kajraili, District- Bhagalpur 3.

Kundan Kumar, S/o Chamak Lal Mandal, R/o village- Gourachaki, P.S.- Kajraili, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Kajraili P.S. Case No.91 of 2018 registered for the offence punishable under Sections 363, 366A and 120B of the Indian Penal Code and Section 8 of the POCSO Act, 2002. Learned counsel for the petitioners submits that these petitioners have been falsely implicated in connection with the present case and the victim girl in her statement under Section 164 Cr.P.C. has categorically stated that she has left her home on her own sweet-will and married Shrawan with whom she is

Patna High Court CR. MISC. No.68410 of 2019(2) dt.27-11-2019 2/2 living in Delhi. It is further submitted that in her statement under Section 164 Cr.P.C. she has stated that she is living happily with her husband and he has not named the present petitioners.

Considering the aforementioned facts and circumstances and the statement of the victim girl under Section 164 Cr.P.C. and also because she is major with an independent mind, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the court of learned Additional District & Sessions Judge-I, Bhagalpur, in connection with Kajraili P.S. Case No.91 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T