Ramvilas Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17987 of 2019 Arising Out of PS. Case No.-676 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

Ramvilas Mandal Son of Late Tirpit Mandal Resident of Village - Dullipatti, P.S.- Jaynagar, Distt.- Madhubani.

2.

Bhulli Devi, Wife of Ram Vilas Mandal Resident of Village - Dullipatti, P.S.- Jaynagar, Distt.- Madhubani.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2019 Counsel for the petitioners seeks permission of the Court to withdraw this application with respect to petitioner no. 2 as she has been taken into judicial custody.

Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner no. 2.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner no. 1 is apprehending his arrest in a case registered under Sections 363, 366(A)/34 of the Indian Penal Code and 12 of POCSO Act.

The prosecution case, in short, is that the accused persons abducted the niece of the informant for the purpose of marriage. It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.17987 of 2019(2) dt.29-03-2019 2/2 petitioner no. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no.1. The petitioner no. 1 has been made accused due to mistake of fact. The victim girl on her recovery made statement under Section 164 Cr.P.C. in which she has not made allegation in respect of petitioner no. 1.

On behalf of the State, it is submitted that the petitioner no.1 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner no. 1, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Madhubani in connection with Jaynagar P.S. Case No. 676 of 2018, G.R. No. 103/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T