Nandan Kumar Mandal @ Raghunandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75539 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- LADANIA District- Madhubani ====================================================== Nandan Kumar Mandal @ Raghunandan Mandal, aged about 25 years, Gender-Male, Son of Ramkumar Mandal @ Sohan Mandal, Resident of Village Gidhwas P.S. Ladaniya District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Thakur,, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ladaniya PS Case No. 16 of 2022 instituted for the offences punishable under Sections 363, 366(A), 504 and 506/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. As per the prosecution case, it is a case of abduction of the minor grand-daughter of the informant with the intention to marry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty village politics. There is no sexual assault by the petitioner. The grand daughter of the informant in her affidavit specifically mentioned that they developed intimacy with the petitioner leading to love

Patna High Court CR. MISC. No.75539 of 2023(3) dt.27-02-2024 2/2 affairs between them.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary, statement of the victim recorded under Section 164 of the Cr.P.C and the impugned order of the learned Additional Sessions Judge-VIcum-Special Judge (POCSO), Madhubani dated 04.09.2023, it appears that petitioner is named in the FIR along with five persons. From perusal of Annexures-2 and 3, it appears that petitioner and the victim has already married and also duly sworn affidavit that at the time of marriage she was a major. Perusal of the Statement recorded under Sections 161 and 164 of the Cr.P.C. that the victim has stated that there is no sexual assault against the petitioner. Petitioner is in custody since 25.07.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-VI-cum-Special Judge(POSCO), Madhubani in connection with Ladaniya PS Case No. 16 of 2022.

(Ramesh Chand Malviya, J) Anand Kr.

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