Kunal Kumar Mandal @ Kunal Kumar @ Bauwa Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10359 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- PALASI District- Araria ====================================================== KUNAL KUMAR MANDAL @ KUNAL KUMAR @ BAUWA MANDAL Son of Manoj Mandal Resident of Village - Dhangaon Ward No. 04, P.S.- Palasi, Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Palasi Police Station Case No. 139 of 2019, disclosing offences under Sections 363/366-A/34 of the Indian Penal Code. The prosecution case, in brief, is that the daughter of the informant was abducted by the petitioner. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as the petitioner was having love affairs with the daughter of the informant and the petitioner has solemnized marriage with her and were living as husband and wife. He, referring to the

Patna High Court CR. MISC. No.10359 of 2020(2) dt.17-06-2020 2/2 statement of the daughter of the informant, recorded under Section 164 of the Code of Criminal Procedure, 1973, submits that the victim girl, in her statement, has not stated anything against the petitioner and she has stated that she had gone to Ludhiana along with the petitioner out of her own sweet will. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Araria, in connection with Palasi Police Station Case No. 139 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √