Mantu Pandey @ Shri Kant Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2336 of 2019 Arising Out of PS. Case No.-116 Year-2018 Thana- KORANSARAI District- Buxar * ====================================================== Mantu Pandey @ Shri Kant Pandey aged about 25 years, Gender (Male) S/o Late Rangnath Pandey Resident of Village-Chuar, P.S. Koran Sarai DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh For the Opposite Party/s :

Mr. Dilip Kumar (APP 19) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Koran Sarai P.S. Case No. 116 of 2018 registered under Sections 363/366(A) of the Indian Penal Code.

Minor girl of the informant is said to have taken by one Rakhi Devi on the pretext of giving her accompany in getting the medical aid and on the way, she got her taken away by the petitioner Mantu Pandey.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. As a matter of fact, the victim is a major girl and she has suo motu eloped with the petitioner and on mounting pressure by her parents, she has given wrong statement under Section 164

Patna High Court CR. MISC. No.2336 of 2019(3) dt.06-03-2019 2/2 Cr.P.C. to the effect that the petitioner taking her put vermilion on her head. On medical examination, the victim was found aged about 18-19 years i.e. major. There is no allegation of any sexual assault on the victim at the hand of the petitioner. As the petitioner happens to be major, hence, Section 366(A) I.P.C. is not applicable in the case under hand. Petitioner has no criminal antecedent and has been languishing in custody since 10.10.2018.

On the other hand, learned APP for the State opposing the bail prayer of the petitioner submitted that the victim happens to be minor and is said to have kidnapped by the petitioner, who put vermilion on her head. Hence, he does not deserve bail.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Koran Sarai P.S. Case No. 116 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T