Dinesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39922 of 2014 Arising Out of PS.Case No. -85 Year- 2014 Thana -BHAWANIPUR District- PURNIA ====================================================== Dinesh Mandal Son of Parmeshwar Mandal resident of Village - Sonma, P.S. - Bhawanipur, District - Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State of Bihar. The petitioner is in custody since 20.05.2014 in a case registered for the offence punishable under Sections 364, 366, 366(A) of the Indian Penal Code.

As per the allegation, the petitioner and other co-accused persons kidnapped the victim girl aged nearly 13 years with bad intention.

Learned counsel for the petitioner submits that in course of investigation, the victim stated before the Investigation Officer that she was in love with the petitioner and had eloped with him for the purpose of marriage. He has drawn my attention to the statement made by the said victim girl under Section 164 of the Cr. P.C. wherein her age has been recorded to be 17 years, to

Patna High Court Cr.Misc. No.39922 of 2014 (3) dt.14-01-2015 P2/2 submit that there is no allegation that this petitioner kidnapped the victim. He further submits that there is no allegation against the petitioner that he misbehaved with the victim girl. In the facts and circumstances of the case, let the petitioner Dinesh Mandal be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Purnea, in connection with Bhawanipur P.S. Case No. 85/2014.

(Chakradhari Sharan Singh, J.) Saif/- U