Pairu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85781 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- SANOKHAR District- Bhagalpur ====================================================== Pairu Mandal ( Male) aged about 19 years Son of Sri Dhaneshwar @ Dhani Mandal Resident of Village- Ghutiyani, P.S.- Amdanda, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navjot Yeshu For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2020 Heard Mr. Navjot Yeshu, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sanokhar (Amdanda) P.S. Case No. 125 of 2019, registered for the offence punishable under Sections 341, 323 and 354(B) of the Indian Penal Code, 1860 and Section 8 of the POCSO Act, 2012.

The allegation against the petitioner as per the First Information Report lodged by the father of the victim is that the victim was engaged in cutting grass in the field, the petitioner started teasing her and when the brother of the informant objected, the petitioner assaulted him and fled away from the scene.

Patna High Court CR. MISC. No.85781 of 2019(3) dt.18-03-2020 2/3 Mr. Navjot Yeshu, learned counsel appearing for the petitioner submits that both the parties are co-villager and petitioner has falsely been implicated in this case with oblique motive. Learned counsel further submits that from perusal of the First Information Report it appears that the allegation against the petitioner is only of teasing the daughter of the informant however, after lapse of about six days the statement of the victim girl was recorded in which she has tried to improve the prosecution case by stating that she was put down on the ground and was kissed by the petitioner.

On the other hand, learned counsel appearing for the State referring to the case diary submits that doctor has not found any sign of violence on the parts of the body of the victim girl and the petitioner is in custody since 22.09.2019. Having heard learned counsel for the parties and taking into consideration the fact that the allegation in the First Information Report is of teasing against the petitioner, both the parties are co-villager and petitioner is in custody since 22.09.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.85781 of 2019(3) dt.18-03-2020 3/3 to the satisfaction of learned Special Judge (POCSO), Bhagalpur in connection with Sanokhar (Amdanda) P.S. Case No. 125 of 2019.

(Anil Kumar Sinha, J) praful/- U T