← Library
Patna High CourtCR. MISC./23366/2022bail granted

Gopal Mandal v. The State Of Bihar

2022-11-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23366 of 2022 Arising Out of PS. Case No.-149 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== Gopal Mandal Son of Amashi Mandal Resident of Village - Lakshmipur, P.S.- Ismailpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S.T. No. 431 of 2021 arising out of Gopalpur (Rangra) P.S. Case No. 149 of 2021 lodged under Sections 364, 34 of the I.P.C. As per the prosecution case, the informant has stated that the marriage of his daughter (deceased) was solemnized with the petitioner. It has been stated that from her husband, she has 2 children. It has also been stated that the deceased has left her husband's house and started living with the informant and from where she left the informant's house and went with one Veda Mandal. Police has caught her. She has informed to her mother that she is going to meet with her husband and,

Patna High Court CR. MISC. No.23366 of 2022(3) dt.03-11-2022 2/2 thereafter, on the suspicion that she has been kidnapped by the petitioner and his friends, the present case has been filed. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that there is only suspicion against the petitioner and except confessional statement, there is no cogent material present against him. Counsel submits that the antecedent of the petitioner is clean. He is in custody since 02.04.2021. He also submits that charge has already been framed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge, Naugachia in the District Bhagalpur in connection with S.T. No. 431 of 2021 arising out of Gopalpur (Rangra) P.S. Case No. 149 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T