Jata Shankar Mandal @ Jai Shankar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26964 of 2024 Arising Out of PS. Case No.-167 Year-2022 Thana- HATHAURI District- Samastipur ====================================================== 1.
JATA SHANKAR MANDAL @ JAI SHANKAR MANDAL S/OJAGESWAR MANDAL R/O- VILLAGE- DASUAT, P.S.- HATHAURI (SHIVAJI NAGAR O.P.) DIST.- SAMASTIPUR.
2.
BUCCHI DEVI W/O- JATA SHANKAR MANDAL @ JAI SHANKAR MANDAL R/O- VILLAGE- DASUAT, P.S.- HATHAURI (SHIVAJI NAGAR O.P.), DIST.- SAMASTIPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Raja Ram Mishra, Advocate For the State :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 366A and 34 of the Indian Penal Code.
3. As per prosecution case, these petitioners, who are father and mother of co-accused Panna Lal Mandal, assisted in kidnapping of the victim.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners have falsely been implicated in this case merely because they happen to be mother and father of Panna Lal Mandal. It is further submitted that they are separate in mess and property and have got no concern with
Patna High Court CR. MISC. No.26964 of 2024(3) dt.28-08-2024 2/2 co-accused Panna Lal Mandal. Moreover, specific accusation of kidnapping is against co-accused Panna Lal Mandal, who is already in custody since 26.08.2023.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they assisted in kidnapping of daughter of informant.
6. Considering the aforesaid facts and circumstances and nature of accusation, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Rosera, Samastipur, in connection with Hathauri P.S. Case No. 167 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T