Allowed

Manoj Mandal @ Manoj Kumar Mandal v. The State of Bihar

Patna HC15 Apr 2022CR. MISC./59877/2021

Case brief

AI extract

What is this about?

In criminal miscellaneous bail application, the petitioner was in judicial custody for alleged offense under Section 366A IPC. Court noted FIR date indicated victim was above 18, despite medical opinion suggesting 19 years. Bail was granted upon furnishing bond. No other substantive reasoning provided.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties.

Manoj Mandal @ Manoj Kumar Mandal Vs The State… — Child Sexual Offences (POCSO) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59877 of 2021

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Arising Out of PS. Case No.-548 Year-2020 Thana- PHULPARAS District- Madhubani

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======================================================

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Manoj Mandal @ Manoj Kumar Mandal, Son of Jogiya Mandal Resident of Village- Dhabahi, P.S.- Laukahi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hriday Narayan Harshit, Adv. For the Opposite Party/s : Mr.Nagendra Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 15-04-2022

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Heard learned counsel for the parties through video

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conferencing in view of COVID-19.

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The petitioner is in judicial custody in connection with Phulparas P.S. Case No.548 of 2020 (G.R. No.2196 of 2020) lodged under Section 366A of the Indian Penal Code.

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Allegation was made by the informant that her daughter was untraceable and when she tried to contact these accused persons they threatened her with dire consequences. Subsequently, the girl was recovered and she made a deposition under Section 164 of the Code of Criminal Procedure, where she has stated that she went with the petitioner on her own will and married him at Delhi. She has further stated that after the death of her father, her step mother used to beat her and she was fed up with her. Medical report opined her to be of 19 years of age while the ‘Aadhar’ Card which has been brought on record

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Patna High Court CR. MISC. No.59877 of 2021(2) dt.15-04-2022 2/2

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as Annexure-4 shows her date of birth as 1^st January, 2002. The date of occurrence as per the FIR is 21.11.2020 which clearly reflects that she was above 18 years at the time of occurrence.

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Taking into account the aforesaid facts, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Phulparas P.S. Case No.548 of 2020 (G.R. No.2196 of 2020) to the satisfaction of learned A.C.J.M., IIIrd, Jhanjharpur, Madhubani.

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With the aforesaid observation the bail application is

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allowed.

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(Rajiv Roy, J)

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Prakash Narayan /- U T

Manoj Mandal @ Manoj Kumar Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Mandal @ Manoj Kumar Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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