Gholcha Mandal @ Ravindra Mandal @ Dilchu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3403 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Gholcha Mandal @ Ravindra Mandal @ Dilchu Mandal s/o Late Madho Mandal Resident of Village- Kamala Kund, P.S. Bihariganj, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Pratap Singh, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in Bihariganj P.S. Case No. 105/2018, registered for the offences punishable under Section 363/365 of the Indian Penal Code.

Informant in his written complaint has alleged that petitioner and his wife enticed away his minor son Mithun Kumar on 01.05.2018 and thereafter demanded ransom of Rs. 50,000/- to send him back.

It has been submitted that petitioner is innocent. The boy has been recovered and his statement was recorded under Section 164 Cr.P.C, in which the boy has nowhere stated that petitioner had taken him. Specific allegation is

Patna High Court Cr.Misc. No.3403 of 2019(3) dt.08-02-2019 2/2 against co-accused Ravindra Kumar.

Considering the facts aforesaid, the petitioner abovenamed, 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 Judicial Magistrate Ist Class, Madhepura in connection with Bihariganj P.S. Case No. 105/2018 subject to the conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(iii) 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) vinita/- U T