Raja Mandal Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.7073 of 2024

Raja Mandal, aged about 26 years, son of Mintu Mandal resident of House No.144, Birsa Nagar, Zone No.6, Near Paul & Sons Ration Shop, P.O. & P.S. Birsa Nagar, Jamshedpur, District Singhbhum East. ..... … Petitioner

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Versus The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Praveen Shankar Dayal, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P.

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03/10.09.2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Special (POCSO) Case No.01 of 2024 arising out of Birsa Nagar P.S. Case No.106 of 2023 registered under Section 376(3) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act pending in the court of learned Special Judge (POCSO), Jamshedpur.

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The F.I.R. of this case was lodged by the mother of the victim with these allegations that her minor daughter 13 years old was appearing to be ill for some days back. On 1^st November, 2023, she took her daughter to the doctor, who told that she was pregnant by two months. When she asked her daughter in regard to the same, she stated that her neighbour Raja Mandal, aged about 26 years, had established physical relation with her. Her daughter used to go to the house of Raja Mandal as a domestic maid and her daughter has also told that she many time became unconscious. Her daughter has also pain in her legs. Raja Mandal has also criminally intimidated her daughter not to disclose anyone in regard to the relation, otherwise he will beat her. With the fear she could not tell in regard to the alleged occurrence and she came to know in regard to the same after pregnancy report.

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During investigation, the informant has reiterated all those

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allegations made in the F.I.R. in her statement under Section 161 Cr.P.C. The victim also corroborated the prosecution story in her statements under Section 161 and 164 Cr.P.C. as well. The victim was also medically examined, in view of paragraph 54 of the case-diary. On the basis of USG report which was done on 3^rd November, 2023 at MGM Hospital, Jamshedpur, the victim was 12 weeks 4 days pregnant and she was eligible for 2^nd trimester abortion.

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In view of paragraph 60 of the case-diary, the pregnancy was terminated and fetus and aborted material was preserved by the Superintendent of MGM Medical College/Hospital, Jamshedpur. The blood sample of the accused—petitioner was also taken and the DNA profile was sent for the examination and report of the same is being awaited.

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Rimpi Sahu is the neighbour of the informant and Nisa Devi is also the independent person and they both in their statements stated that the victim used to go the house of Raja Mandal as a domestic maid. When the victim was feeling ill, her mother took her to the doctor, where she came to know in regard to 2 months’ pregnancy and thereafter this fact was disclosed by the victim that it was Raja Mandal, who had raped her. It is alleged by these independent witnesses that Raja Mandal was not a man of good character.

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In paragraph 115 of the case-diary it is stated that according to school enrollment register, the date of birth of victim is 10.06.2010, as such, on the date of occurrence, she was 13 years old and the petitioner was 26 years old.

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So far as the deposition statements of the victim and her mother, who were examined during trial are concerned, the victim in her statement corroborated the prosecution story and in very opening paragraph of her examination-in-chief, she has categorically narrated that she used to go the house of Raja Mandal as a domestic maid, where Raja Mandal had established physical relation with her and she also became pregnant. Her pregnancy was also known to her mother, who took her to doctor. Thereafter she disclosed in regard to the occurrence to her mother.

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Learned counsel for the petitioner has submitted that victim was school going and she was not the domestic maid, as alleged, but this submission is belied from the statements of the independent witnesses and the witness of the victim and her mother, who have categorically stated that the victim was domestic maid in the house of Raja Mandal (the petitioner herein).

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Considering the facts and circumstances of the face, the bail application of the petitioner is, hereby, rejected.

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(Subhash Chand, J.)

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Rohit

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Raja Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Raja Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

Case details

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