Nepali Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37680 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Nepali Mandal, Son of Late Rupan Mandal,

2. Chhabe @ Chhabo Mandal @ Chhabo Mandal Mandal, Son of Nepali Mandal, Both are R/o Village- Shahabad, P.S.- Sultanganj, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioners. The petitioners seek regular bail in connection with Sultanganj P.S. Case No. 128 of 2017, registered for the offence punishable under Section 366-A / 34 of the Indian Penal Code.

The allegation of the informant is that one Pujan Mandal had enticed the daughter of the informant and kidnapped her. Whereafter, the daughter of the informant has been missing. It has further been alleged that the other accused persons also helped the said Pujan Mandal in kidnapping the victim girl.

The learned counsel for the petitioners submits that the petitioners are father and brother of the main accused Pujan

Patna High Court Cr.Misc. No.37680 of 2017 (2) dt.10-08-2017 2/2 Mandal and Pujan Mandal is missing as well as they did not know whereabouts of the said Pujan Mandal. It is further submitted that the petitioners herein have a clean antecedent. This Court feels that till the time Pujan Mandal surrenders, it would not be in the interest of justice to enlarge the petitioners on bail.

At this juncture, the learned counsel for the petitioners submits that a direction be issued for grant of regular bail by the learned trial court in case the said Pujan Mandal surrenders before the learned trial court.

I find the aforesaid proposal of the learned counsel for the petitioners to be quite reasonable.

Having regard to the facts and circumstances of the case, the learned trial court is directed to enlarge the petitioners on regular bail, in case the main accused Pujan Mandal surrenders before the court below and is taken into custody, on such conditions as the learned trial court may deem fit and proper.

Accordingly, the petition is disposed of.

(Mohit Kumar Shah, J) ajaypd./- U T