Parmeshwar Mandal @ Prameshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2336 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -JHAJHA District- JAMUI ====================================================== Parmeshwar Mandal @ Prameshwar Mandal, son of Late Hari Mandal, Resident of Village- Ekdara, Police Station- Jhajha, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jhajha P.S. Case No. 105 of 2017 instituted for the offence under Section 376 of the Indian Penal Code and Section 4 of POCSO Act. In the written report it is alleged by the informant that his father Puna Mandal has performed second marriage with Nilo Devi in the year 2000. From said marriage, they have two children namely, Manisha Kumari, aged about 16 years and Rahul Kumar aged about 13 years. Thereafter, it is alleged that his step mother developed illicit relationship with Parmeshwar Mandal (petitioner). Parmeshwar Mandal also did illegal act with the step sister of the informant, Manisha Kumari, after giving her threat. Case diary has been received.

Patna High Court Cr.Misc. No.2336 of 2018 (3) dt.26-02-2018 2/2 The statement of victim girl recorded under Section 161 Cr. P.C. is available in Paragraph-6 of the case diary wherein she has levelled specific allegation against this petitioner of committing illegal act with her, on account of which, she became pregnant. Medical report is also available in paragraph-69 of the case diary from which it appears that girl was found pregnant of five months.

Learned counsel for the petitioner has submitted that this false case has been filed to settle civil dispute between the parties.

The statement of Bhabhi of the informant is also recorded in Paragraph-10 of the case diary wherein she has stated that this petitioner has committed illegal act with the victim girl. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

(Sanjay Priya, J) S.Ali/- U T