Birju Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15681 of 2018 Arising Out of PS. Case No.-231 Year-2017 Thana- DARBHANGA District- Darbhanga ====================================================== Birju Mandal, Son of Shankar Mandal, Resident of Mohalla- Chunabhathi, Police Station- L.N.M. University, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Singh For the Opposite Party/s :

Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Darbhanga Town P.S. Case No. 231 of 2017 registered for the offence punishable under Sections 363, 366A, 34 of the Indian Penal Code.

Informant is the father of victim, who in his statement has stated that on 15.12.2017 his daughter Soni Kumari had gone to school but did not return in evening and even after much search she could not be located and he learnt that petitioner has enticed his daughter to solemnize marriage with him. He has stated the age of his daughter as 15 years. Learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.15681 of 2018(3) dt.12-04-2018 2/2 that he is innocent and student of Intermediate and pursuing his studies. Statement of victim has been recorded under Section 164 of Cr.P.C. in which she has stated that petitioner had forcefully took her on his motorcycle but she has also stated before the police that she did not establish any physical relation with him and kept her in his house and on the morning his parents came and she went with them. The girl refused her Medical Examination. It has been further submitted that petitioner has no criminal antecedent and he is in custody since 15.12.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Darbhanga Town P.S. Case No. 231 of 2017. (S. Kumar, J) veena/- U T