Gautam Kumar @ Goutam Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13961 of 2026 Arising Out of PS. Case No.-243 Year-2019 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.
Gautam Kumar @ Goutam Mandal S/O Manoj Mandal R/O VillageKarshop, PS- Shambhuganj, Distt-Bhagalpur 2.
Jitendra Kumar @ Jitendra Mandal S/O Manoj Mandal R/O VillageKarshop, PS- Shambhuganj, Distt-Bhagalpur 3.
Mithilesh Kumar @ Mithilesh Mandal @ Alok Mandal S/O Parmeshwar Mandal R/O Village- Karshop, PS- Shambhuganj, Distt-Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Santosh Yadav S/O Naresh Yadav R/O Village- Awash Board Colony Barari, PS- Barari, Distt-Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Adv.
For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2026 Heard Mr. Rajive Ranjan Singh, learned Counsel for the petitioners, learned APP for the State and Mr. Manoj Kumar Jha for the informant.
2. At the outset, learned counsel for the petitioner prays for and is allowed to withdraw the anticipatory bail application of petitioner no. 3, Mithilesh Kumar @ Mithilesh Mandal @ Alok Mandal.
3. His anticipatory bail stands rejected as dismissed as withdrawn.
4. The petitioners apprehend their arrest in connection
2/4 with Bhagalpur Complaint Case No. 243 of 2019 for the offence registered under sections 363, 366, 379, 120B of the IPC.
5. As per the complainant, he solemnized with Ranjana Devi (also an accused) and out of the wedlock, two children arrived in this world. The allegation is that on 28.08.2018, the named accused persons took her away. She had a month later and again on 20.01.2019, she left the place for Jalandhar along with cash and jewellery. Later, he received telephonic conversation with Ranjana Devi who informed that she is in Jalandhar and they are forcing her into prostitution. This led to the FIR.
6. Learned Counsel for the petitioners submit that petitioner nos. 1, Gautam Kumar and Ranjana Devi entered into relationship, left for Jalandhar and are living happily but only to bring her back, the entire story has been made and in the process, despite having no criminal antecedent, he along with his brother (petitioner no. 2) are now in the list of accused besides Ranjana Devi. They are ready to co-operate/appear in the trial.
7. The informant is appearing in this case and as per him, both Ranjana Devi and Gautam Mandal are married and despite having children, the present state of affair is that the lady
3/4 is still away to Jalandhar along with Gautam Mandal.
8. Taking into account the submissions of the parties as also the fact that has emerged, Ranjana Devi herself is in the list of accused, these petitioners have no criminal antecedent, are ready to face the trial, in that background, this Court is inclined to grant them the anticipatory bail with conditions.
9. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 2nd Class, Bhagalpur in connection with Bhagalpur Complaint Case No. 243 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
4/4 (iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T