Rahul Kumar Mandal @ Rahul Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22835 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Rahul Kumar Mandal @ Rahul Mandal son of Angrez Mandal villageRaniganj Parihari, Ward no. 08, Ps- Raniganj, Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :
Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-07-2025 Heard Learned counsel for the petitioner and Learned APP for the State.
2. The petitioner is apprehending arrest in connection with Raniganj P.S. Case No. 24 of 2024 lodged on 26.01.2024, for the offence punishable under Sections 363 and 366A/34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner with allegation that the accused persons have kidnapped the daughter of the informant and subsequently, upon querry, they started abusing the informant due to which the present case has been filed.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.22835 of 2025(3) dt.02-07-2025 2/3 submits that the said victim has been recovered and she has narrated her statement under Section 161 as well as 164 of the Cr.P.C. before the police and Magistrate. Counsel submits that the case diary and statement of the victim recorded under Section 161 as well as 164 of the Cr.P.C. has been called for by this Hon'ble Court. Learned Counsel further submits that antecedent of the petitioner is clean and from the statement of the victim recorded under Section 161 as well as 164 of the Cr.P.C., it becomes crystal clear that the petitioner has committed no offence rather the victim, who is in a position to understand right and wrong, with consent, went to the petitioner and before open Court, under Section 164 Cr.P.C. she has narrated that she wants to live with the petitioner and his family.
5. Learned APP for the State opposes the prayer for bail of the petitioner but upon perusal of the case diary and statement of the victim recorded under Section 164 Cr.P.C., submits that there is substance in the argument of the victim that no force or coercion has been made against the alleged victim.
6. In this view of the matter, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees
Patna High Court CR. MISC. No.22835 of 2025(3) dt.02-07-2025 3/3 Thirty Thousand) as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of learned S.D.J.M., Araria in connection with Raniganj P.S. Case No. 24 of 2024. subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ankit Kumar/- U T