Manoj Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10338 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- SULTANGANJ District- Bhagalpur ====================================================== MANOJ PODDAR, Son of Attar Poddar, Resident of Village - Kalyanpur Bari Durga Asthan Gali, P.S-Bariyarpur, Dist.-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 17.12.2018 in a case registered for the offence punishable under Sections 366A/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report dated 02.11.2018 submitted by Phoolmati Devi to the Station House Officer, Sultanganj Police Station is to the effect that the minor daughter of the informant went missing from 20.09.2018. On 22.09.2018, the informant came to know that her daughter was enticed away by co-accused

Patna High Court Cr.Misc. No.10338 of 2019(2) dt.21-02-2019 2/3 Uttam Poddar for the purpose of marriage with the assistance of his uncle Manoj Poddar, who is the petitioner before this Court. It is further alleged that when the informant enquired about her daughter from the petitioner, the petitioner assured him that she will be returned very soon. But the daughter of the informant did not return.

It is submitted by learned counsel for the petitioner that for the occurrence of 20.09.2018, the written report was submitted on 02.11.2018. It is further submitted that the thrust of accusation is against co-accused Uttam Poddar and the only accusation against the petitioner is that he facilitated the commission of the alleged occurrence. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the petitioner is named in the FIR.

Considering the delayed lodging of the case, thrust of accusation against co-accused Uttam Poddar, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.10338 of 2019(2) dt.21-02-2019 3/3 amount each to the satisfaction of learned CJM, Bhagalpur, in connection with Sultanganj P.S.Case No. 273 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T