Patna High CourtCR. APP (SJ)/76/2024bail granted

Chandan Kumar @ Chandan Mandal v. The State Of Bihar

2024-04-25Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.76 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Chandan Kumar @ Chandan Mandal Son Of Late Ramnath Mandal Resident Of Village - Bhada Tola, Athari, Ward No.16, P.S. - Runnisaidpur, District - Sitamarhi ... ... Appellant/s

Versus

The State Of Bihar 2.

Raj Kala Devi Wife Of Ram Babu Ram Resident Of Village - Bhada Tola Dih, Ward No.9, P.O. - Raini Shankar, P.S. - Runnisaidpur, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pushpendra Kumar Singh, Advocate Smt. Divya Bharti, Advocate For the Respondent/s :

Ms. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2. The instant appeal has been filed by the appellant against the order dated 04.11.2023 passed by learned Additional Sessions Judge - VI - cum - Special Judge (POCSO) Act, Sitamarhi in Runnisaidpur P.S. Case No. 107 of 2023 registered under Sections 363, 366A / 34 of the IPC and Section 8 of the POCSO Act and Sections 3(i)(r)(s), 3(2)(va) of Schedule Caste and Schedule Tribe Prevention of Atrocities Act.

3. The allegation against the appellant is of kidnapping informant's minor daughter when she had gone to Sareh to take grass for cattle.

Patna High Court CR. APP (SJ) No.76 of 2024(3) dt.25-04-2024 2/3

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. He further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant is in custody since 19.05.2023.

5. On perusal of the FIR, case diary and impugned order dated 04.11.2023, it appears that on the basis of written report of the informant FIR was registered against 6 accused persons including the present appellant Chandan Mandal. On perusal of Statement recorded under Section 164 of Cr.P.C. she has stated that she married with Chandan at Delhi and she went voluntarily with Chandan. No person was kidnapped and she went to go with her mother and also stated that the accused Chandan is innocent.

6. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail.

7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal.

8. Accordingly, the appeal is allowed and order dated 04.11.2023 passed by learned Additional Sessions Judge - VI -

Patna High Court CR. APP (SJ) No.76 of 2024(3) dt.25-04-2024 3/3 cum - Special Judge (POCSO) Act, Sitamarhi is hereby set aside.

9. Let the appellant 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 Court below/ concerned Court in connection with Runnisaidpur P.S. Case No. 107 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T