Vakil Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77996 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== Vakil Mandal, Male, aged about 46 years, Son of Shiv Mandal, Resident of Village-Panchrasi, Police Station- Beldour, District-Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bharat Bhushan, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Khagaria Mahila P.S. Case No. 44 of 2019 dated 18.09.2019 arising out of G.R. No.2807 of 2019 registered for the offences punishable under Sections 376, 493 and 34 of the Indian Penal Code and 4 POCSO Act.
It is alleged in the F.I.R. that Kusho Kumar Mandal induced and committed penetrative sexual assault against the informant's minor girl (victim) on the promise of marriage and when marriage proposal was made accused Wakil Mandal instigated Kusho Kumar Mandal not to perform marriage. Victim has not named the petitioner accused in her 164 Cr. P.C. statement. In case diary as per medical opinion of age victim is
Patna High Court CR. MISC. No.77996 of 2019(3) dt.06-03-2020 2/2 aged in between 18 to 20 years.
Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Petitioner is the cousin uncle of the accused. Specific statement of the victim under 164 Cr.P.C. has not taken the name of the petitioner. In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge Ist, Khagaria in connection with Khagaria Mahila P.S. Case No. 44 of 2019 dated 18.09.2019 arising out of G.R. No.2807 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T