Nitish Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13337 of 2019 Arising Out of PS. Case No.-225 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== NITISH KUMAR MANDAL, Son of Yugal Kishor Mandal, R/o villageDhokardhara, Ward No. 5, P.S- Banmankhi, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Banmankhi P.S.Case No. 225 of 2018 registered under Sections 363 and 366A of the Indian Penal Code.

Allegation against the petitioner is that he abducted the daughter of the informant while she was returning back from her school.

Learned counsel for the petitioner submits that there was love affairs between the petitioner and the victim girl. She has been recovered and her statement has been recorded under Section 164 Cr.P.C., which is Annexure-2, in which she has categorically stated that she was in love with the petitioner for the last five years and she had gone with him voluntarily on her own will and both petitioner as well as victim girl has

Patna High Court CR. MISC. No.13337 of 2019(4) dt.05-07-2019 2/2 performed marriage at Araria Court. Learned counsel for the petitioner further placed reliance on Annexure-3, which is a marriage certificate between the petitioner as well as the victim girl.

After having heard learned counsel for the parties and taking into consideration the fact that in her statement recorded under Section 164 Cr.P.C., victim girl has stated that she has performed marriage with the petitioner out of love, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-1st, Purnea in connection with Banmankhi P.S.Case No. 225 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T