Suraj Kumar Mandal @ Suraj Mandal vs The State Of Bihar
2021 Latest Caselaw 538 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.3951 of 2020
           Arising Out of PS. Case No.-139 Year-2019 Thana- KATIHAR District- Katihar
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Suraj Kumar Mandal @ Suraj Mandal, aged about 22 years, (Gender-M), Son of Dipksha Mandal @ Dipchha Mandal, Resident of Village- Hariganj Koria Tola, P.S.- Katihar Nagar, District- Katihar.

... ... Petitioner/s Versus

1. The State of Bihar

2. Parvati Devi, aged about 40 years (Gender-F), wife of Bindeshwari Paswan

3. Kavita Kumari, aged about 17 years, (Gender-F), daughter of Bindeshwari Paswan Both resident of Mohalla-Ram Sabha Gaushala, P.S.-Sahayak, District- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the State : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-02-2021

Heard Mr. Bimal Kumar, learned counsel for the

petitioner and Mr. Damodar Prasad Tiwary, learned Additional

Public Prosecutor (APP) for the State.

2. The petitioner had moved the Court seeking bail in

connection with G.R. No. 798 of 2019 arising out of Nagar

Sahayak PS Case No. 139 of 2019 dated 19.02.2019, instituted

under Sections 363/366A of the Indian Penal Code to which later

on Sections 376 of the Indian Penal Code and 4 of the Protection

of Children from Sexual Offences Act, 2012 were also added.

Patna High Court CR. MISC. No.3951 of 2020 dt.01-02-2021

3. On 09.07.2020, the Court had released him on

provisional bail. The stand taken then was that the petitioner was

ready to marry the victim. However, upon coming out, learned

counsel for the petitioner has stated that though he was ready to

marry the girl, but the girl side was not ready to marry her with the

petitioner and further stand was that the petitioner was ready for

one-time settlement.

4. Having interacted with the girl and her parents on

09.12.2020 through virtual mode, where they had reiterated that

the girl would not be married to the petitioner, but upon offer made

by the petitioner that he would pay Rs. 50,000/-, they had accepted

the same.

5. Today, learned counsel for the petitioner submitted

that Rs. 50,000/- has been paid into the account of the father of the

victim girl.

6. Having regard to the aforesaid, the provisional bail

granted to the petitioner earlier by order dated 09.07.2020 stands

confirmed.

7. The Court would also observe and indicate that the

parents of the opposite party no. 3 had agreed that they would not

pursue the criminal case filed against the petitioner. Thus, the

Court expects that they would honour the stand taken by them Patna High Court CR. MISC. No.3951 of 2020 dt.01-02-2021

before this Court based upon which the Court had granted the

petitioner liberty to pay Rs. 50,000/-, which was accepted by the

girl and her parents, and the same has already been paid by him.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T