Ram Manoj Mandal @ Sadhu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3598 of 2019 Arising Out of PS. Case No.-134 Year-2016 Thana- GURUA District- Gaya ====================================================== Ram Manoj Mandal @ Sadhu aged about 32 years M, s/oFulchand Mandal @ Fulchand Bhuiya Resident of village-Barma, P.s.-Gurua, District-Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Gurua P.S. Case No. 134 of 2016 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.
Allegation against the petitioner is of enticing away daughter of the Informant when she had gone to see Mela, for the purpose of marriage.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on
Patna High Court CR. MISC. No.3598 of 2019(4) dt.28-02-2019 2/3 suspicion. Petitioner had solemnized marriage with daughter of Informant and they were living as husband and wife, however, she died due to Snake bite on 24/25.09.2016 and thereafter this false case has been instituted. In the medical report annexed as Annexure-2 to this petition, the doctor has opined death due to Snake bite. Petitioner has got no criminal antecedent and is in custody since 22.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sherghati, Gaya, in connection with Gurua P.S. Case No. 134 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason,
Patna High Court CR. MISC. No.3598 of 2019(4) dt.28-02-2019 3/3 his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U