Kundan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22494 of 2023 Arising Out of PS. Case No.-210 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== KUNDAN KUMAR MANDAL Son of Sri Arun Mandal @ Bachi Mandal Resident of village - Bari Bhaisdira, Ward No.- 17, P.S.- Barari, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Arun Kumar Singh For the Informant :

Mr. Rajeev Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Janakinagar P.S. Case No. 210 of 2022 dated 13.08.2022 registered for the offences punishable u/s 363 and 366A of the Indian Penal Code.

As per the prosecution case, the minor daughter of the informant was kidnapped by the holder of the mobile phone bearing no. 8252404768.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.22494 of 2023(2) dt.23-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up on basis of the holder of the mobile number i.e. 8252404768. The victim in her statement recorded under section 164 of the Cr.P.C has stated that she has solemnized the marriage with the petitioner. There is a delay of two days in lodging the FIR. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.02.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Janakinagar P.S. Case No. 210 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T