Linkan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15399 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -FALKAHA District- KATIHAR ======================================================

1. Linkan Kumar Mandal Son of Manoj Kumar Mandal @ Manoj Mandal, resident of village - Bhangha, P.S. Falka ( Pothia ), District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 363 and 365 of the Indian Penal Code. Allegation is that the accused parsons including the petitioner abducted the daughter of the informant and sold her anywhere.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that the petitioner was also seen in the tempo in which the victim girl and the other co-accused were sitting. The other coaccused has been granted anticipatory bail with a condition by a co-ordinate Bench of this Court vide Cr.Misc.No.45143 of 2016 dated 23.01.2017, which is annexed as Annexure-2 to the present

Patna High Court Cr.Misc. No.15399 of 2017 (2) dt.07-04-2017 2/2 application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar-III, Judicial Magistrate, 1st class, Katihar in connection with Falka (Pothia) P.S. case No.133 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also with a condition that the petitioner will co-operate in the investigation of the case and make available himself before the police as and when required and once the charge-sheet is submitted in this case against the petitioner, he will surrender before the court below and make prayer for regular bail before the learned court below, which will be decided on its own merit without being prejudiced by the order of this Court. With the aforesaid observation, this application is disposed of.

Narendra/- (Sudhir Singh, J) U T