Dukha Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19583 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== Dukha Mandal S/o Late Nathuni Mandal R/o village- Kamaldah, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in custody in connection with Bathnaha P.S. Case No. 15 of 2022 under sections 363 and 366(A)/34 of the Indian Penal Code.

The allegation in the FIR lodged by the father of the victim girl is that while she had gone to attend call of nature, she was kidnapped by amongst other the petitioner herein. The informant apprehended that she may be sold or put into prostitution or in immoral trafficking business. Learned counsel for the petitioner submits that subsequently, the victim girl was recovered and she made a

Patna High Court CR. MISC. No.19583 of 2022(2) dt.02-08-2022 2/3 statement under Section 164 of the Cr. P.C. stating therein that she had married Jitu Kumar who is son of the petitioner herein in a temple in Ranchi and only because it was an inter-religion marriage, her family members are not happy and have lodged the case. She has further narrated that she is 20 old and she is very happy after the solemnization of the marriage with Jitu Kumar.

Taking into account the fact that the petitioner is father of Jitu Kumar, who is said to have solemnized marriage with the victim girl (who has recorded her statement under section 164 of the Cr.P.C. that she is 20 years of age, and has remained Jitu Kumar) and is in jail since 30.1.2022 (as stated in para 19 of the bail application) and further has no criminal antecedent, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Bathnaha P.S. Case No. 15 of 2022 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show

Patna High Court CR. MISC. No.19583 of 2022(2) dt.02-08-2022 3/3 his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T