Subodh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5426 of 2023 Arising Out of PS. Case No.-400 Year-2022 Thana- RAJAON District- Banka ====================================================== SUBODH MANDAL S/o Bhothari Mandal R/o Village- Mohana, P.S.- Rajaon, Distt- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366(A), 504, 506 read with Section 34 of the Indian Penal Code and Section 8 of POCSO Act.

Allegedly, the informant's daughter was kidnapped by the son of the petitioner. When the informant went to the house of the petitioner to ask whereabouts of her daughter, they started abusing and threatened her to kill.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation

Patna High Court CR. MISC. No.5426 of 2023(2) dt.07-04-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is specific overt act against one coaccused Madho Mandal. He has no concern with the daily affairs of Madho Mandal. He has been made accused in the present case merely because he is the father of co-accused. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on 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 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rajoun P.S. Case No. 400 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T