Nand Kishor Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49096 of 2016 Arising Out of PS.Case No. -3457 Year- 2012 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Nand Kishor Mandal S/o Ram Prasad Mandal resident of Village Kodhaili Madanpur, P.S. Palasi, District- Araria.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sona Devi, D/o Mayanand Kardar W/o Nand Kishor Mandal resident of Village Baradbatta Tola Bangabari, P.S. Palasi, District- Araria. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

21-12-2016 Heard Sri Anil Prasad Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Complaint Case No. 3457C of 2012 for offence under Section 498(A) of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that the complainant is not legally wedded wife of the petitioner, rather in the year 2012 itself, while the petitioner was a minor boy, he was kidnapped and forcefully married with the complainant/opposite party no. 2. To this effect, father of the petitioner had already filed a complaint case, vide Complaint Case

Patna High Court Cr.Misc. No.49096 of 2016 (3) dt.21-12-2016 2/2 No. 3366C of 2012. It was filed on 22-09-2012 and only thereafter, the present complaint was filed, in which, besides petitioner, entire family members have been made accused. The present complaint was filed on 01-10-2012, however; cognizance in this case was taken belatedly.

Besides hearing, I have also perused the materials on record. Considering the facts and circumstances, there is no reason to deny the prayer for grant of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the sole petitioner namely Nand Kishor Mandal be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Complaint Case No. 3457C of 2012, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T