Manish Kumar @ Dimpal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3443 of 2019 Arising Out of PS. Case No.-176 Year-2018 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Manish Kumar @ Dimpal (aged about 33 years), Male, son of Shiv Shankar Mandal, Resident of Village- Bath, Police Station- Bath, District- Bhagalpur. ... ... Petitioner

Versus

1. The State of Bihar

2. Sanju Kumari, daughter of Suman Kumar Subodh, resident of villageNarayanpur, P.S.- Sultanganj, District- Bhagalpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Ishakchak P.S. Case No. 176 of 2018, registered for the offence under Section 366/34 of the Indian Penal Code.

Allegation has been made against the petitioner to have kidnapped the daughter of the informant. However, the girl in her statement recorded under Section 164 of the Cr.P.C. has

Patna High Court Cr.Misc. No.3443 of 2019(3) dt.22-02-2019 2/3 stated that the petitioner has acquaintance with her and for few months he used to call her, on the fateful day, the petitioner has called her and from there he has taken her to Munger and solemnized the marriage in a temple.

Some photographs have been produced before this Court, which indicates that the petitioner and the victim girl have entered into the marriage.

Learned counsel for the petitioner submits that both the parties are belonging to different casts, is the reason for lodging of the F.I.R.

Whereas, learned counsel for the informant submits that the statement of the girl itself indicates the treatment given to her by the petitioner.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Manish Kumar @ Dimpal, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Ishakchak P.S. Case no. 176 of

Patna High Court Cr.Misc. No.3443 of 2019(3) dt.22-02-2019 3/3 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T