Karelal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27600 of 2024 Arising Out of PS. Case No.-628 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Karelal Mandal, aged about 50 years, Male, Son of Late Tarni Mandal, Resident of Village - Simaria, P.S. - Rangra, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Gopalpur (Rangra) P.S. Case No. 628 of 2023 instituted for the offences punishable under Sections 363, 366(A), 370, 373, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 10/11 of the Prohibition and Child Marriage Act and 3, 4 and 5 of the Immoral Traffic Prevention Act.
3. As per the prosecution case, that there is specific allegation against the petitioner to receive money from one Raju Kumar Teli for the marriage of a minor girl.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. There is recovery of money
Patna High Court CR. MISC. No.27600 of 2024(2) dt.23-04-2024 2/3 which has been alleged in the FIR has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is poor and he has no way concern with Suresh Teli and Ruju Kumar Teli. He further submits that neither the petitioner is the relative of Hiralal Mahto nor Raju Kumar Teli or Suresh Teli. There is no any evidence to connect the petitioner in this case. Petitioner is in custody since 27.12.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and the impugned order of the learned 3rd Additional District and Sessions Judge, Naugachia, Bhagalpur dated 21.02.2024, it appears that the petitioner receive the money from one Raju Kumar Teli for the marriage of a minor girl. According to the FIR, consent of father of the victim is also in favour of the petitioner. Considering all these aspects of the matter, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after commitment of the case on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st Naughachia, Bhagalpur in connection with Gopalpur (Rangra O.P.) P.S. Case No. 628 of 2023, with condition that petitioner after release
Patna High Court CR. MISC. No.27600 of 2024(2) dt.23-04-2024 3/3 shall present before the trial Court on each and every date till conclusion of the trial.
7. The trial Court is directed to conclude the proceeding of commitment within a period of one month. (Ramesh Chand Malviya, J) Anand Kr.
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