Tinku Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24377 of 2019 Arising Out of PS. Case No.-123 Year-2016 Thana- BARIYARPUR District- Munger ====================================================== TINKU MANDAL Son of Shri Mahavir Mandal Resident of Village - Barailbara, Lohapul, P.S.- Bariyarpur, District - Munger, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyadarshi Matri Sharan For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 366(A) and 34 IPC registered in connection with Bariyarpur P.S. Case No. 123 of 2016.

3. It is submitted that the petitioner has been falsely implicated as evident from the statement of the so-called victim girl recorded under Section 164 Cr.P.C. wherein she has categorically stated that she had voluntarily accompanied the petitioner and solemnised marriage with him. There is delay in institution of the FIR on 17.11.2016 for the alleged occurrence of 18.09.2016. A statement is made at the Bar that the Aadhar Card of the so-called victim girl shows that her date of birth as 01.01.1997 and thereby she was 19 years of age on the date of occurrence. It is therefore, submitted that the ingredients of Section 366A of IPC are not satisfied. The petitioner claim clean antecedents.

4. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned ACJM II, Munger in connection with Bariyarpur P.S. Case No.

Patna High Court CR. MISC. No.24377 of 2019(3) dt.22-07-2019 2/2 123 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (v) The petitioner shall produce the informant's daughter before the learned Court below along with her original Aadhar Card at the time of surrender for verification.

5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification of the Aadhar Card of the informant's daughter. In case it is found not verifiable his bail bonds shall stand automatically cancelled.

(Vikash Jain, J) Chandran/- U T