Patna High CourtCR. MISC./31732/2016rejected

Upendra Mandal v. The State Of Bihar

2016-11-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31732 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -AKBARNAGAR District- BHAGALPUR ====================================================== Upendra Mandal, S/o- Late Sita Ram Mandal, resident of Village:- Mirjapur, Ghogha, P.S.:- Kahalgaon (Ghogha), District:- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-11-2016 Heard both sides.

The petitioner apprehends his arrest in Akbarnagar P.S. Case No. 39/2016, registered for the offences punishable under Sections 366 and 34 of the Indian Penal Code. The informant alleged that she went along with Kare Mandal to see Ghogha market. Kare Mandal kept her in the house of the petitioner Upendra Mandal and thereafter solemnized her marriage to one unknown person.

Learned counsel for the petitioner submits that victim is a married woman. She got a child in her lap. The victim recorded her statement under Section 164 Cr.P.C. In her statement she stated altogether a different story about the occurrence. The allegation on the face of it appears to be concocted one. All other

Patna High Court Cr.Misc. No.31732 of 2016 (5) dt.10-11-2016 2/2 accused persons have already been granted regular bail. The case of the petitioner stands on the same footing, but it appears that the victim herself alleged that the petitioner confined her in his house and got her married.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that other accused persons have been granted regular bail and dispose of the bail petition of the petitioner on the same day.

(Prabhat Kumar Jha, J.) Vinita/- U T