Shankar Mandal @ Shankar Tanti v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5281 of 2017 Arising Out of PS.Case No. -1004 Year- 2013 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Shankar Mandal @ Shankar Tanti, Son of Bhudeo Mandal @ Bhudeo Tanti, Resident of village- Akagorra, P.S. + District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Banarsi Tanti, S/o Marrwari Tanti, Resident of Village- Faga Tola, Govindpur, P.S. Bounsi, District- Banka.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Pratap Singh Mr. Sanjay Kumar Jha Mr. Satyaveer For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 The petitioner is apprehending his arrest in connection with Complaint Case No. 1004 of 2013, registered for offences punishable under Sections 364, 366 and 370 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that though a complaint case has been filed under Section 364 and other sections of Indian Penal Code but as a matter of fact the petitioner happens to be the second husband of the victim girl. Earlier to the present case, a case was filed by the father of the victim girl against the first husband of the victim girl under Section 304B and other sections of Indian Penal Code in the year

Patna High Court Cr.Misc. No.5281 of 2017 (2) dt.15-02-2017 2/3 2013 and thereafter the present case has been filed by the first husband of the victim girl. The petitioner has no concern with the alleged offence as the victim girl has left his house out of her own sweet will and has fled away with some other person. Having heard both sides, considering the facts and circumstances of the case and the nature of offence, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Complaint Case No.

1004 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will cooperate in the investigation and make himself available as

Patna High Court Cr.Misc. No.5281 of 2017 (2) dt.15-02-2017 3/3 and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T