Raju Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67769 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- MAHILA P.S. District- Araria ====================================================== RAJU KUMAR MANDAL Son of Ashok Mandal Resident of Village - Rampur Kodarkatti, Ward No.- 10, P.S.- Araria, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner as well as learned counsel for the Informant.

In this case, the petitioner is seeking regular bail in connection with Araria (Mahila) P.S. Case No. 20 of 2022, registered for the offences punishable under Sections 376, 341, 323, 506, 354(D)/34 of the Indian Penal Code. The petitioner, as per allegation, threatened to commit suicide had the informant refused to marry him. He put vermilion on her forehead and had physical relation with her. The learned counsel for the petitioner has submitted that the petitioner is innocent and the physical relation was consensual. The victim is major as per medical report. Whereas, the learned counsel for the informant has submitted that the

Patna High Court CR. MISC. No.67769 of 2022(4) dt.24-04-2023 2/2 victim in her statement under section 164 has stated that the petitioner forcibly made physical relation with her against her will. He has further submitted that the informant is minor as per her school certificate and the charge sheet has been submitted under POCSO Act along with sections of IPC.

Considering the above-mentioned facts and circumstances, the petitioner does not deserve the privilege of bail. Accordingly, it is rejected.

(Nawneet Kumar Pandey, J) SONALI/- U T