Patna High CourtCR. MISC./30398/2014bail granted

Mahendra Mirdha v. The State Of Bihar

2015-01-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30398 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -ISHOPUR District- BHAGALPUR ====================================================== Mahendra Mirdha, Son of Late Raghu Mirdha, resident of village- Bar Maschia, Police Station- Ishipur, Barahat, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Barahat P.S. Case No. 07 of 2014 registered for the offences punishable under Section 366A/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail.

Allegedly, with the help of the petitioner, co-accused Subodh Mandal kidnapped the minor daughter of the informant for the purpose of marriage with her.

Submission is that it is alleged that Subodh Mandal used to sit with the petitioner and as such, on that basis only suspicion has been raised against the petitioner and he has been implicated. Besides that, there is nothing against the petitioner and the

Patna High Court Cr.Misc. No.30398 of 2014 (2) dt.20-01-2015 informant after knowing the real truth, has compromised the case with the petitioner and has filed compromise petition in the court below in this regard, to which the learned A.P.P. fairly submits against the petitioner that there is only suspicion. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Kushal Kishore, the learned Judicial Magistrate, Bhagalpur in connection with Barahat P.S. Case No. 07 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T