Chhotu Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.32627 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32627 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -BAUNSI District- BANKA ======================================================

1. Chhotu Mandal Son of Arun Mandal, Resident of Village- Medari, P.S.- Bousi, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bounsi P.S. Case No. 59 of 2017 instituted for the offence under Sections366A, 504/34 of the Indian Penal Code. It is alleged in the written report that sister of the informant was kidnapped by this petitioner and other co-accused with intention to marry her. The statement of victim was recorded u/S 164 of the Cr.P.C. (Annexure-2 to this petition) in which, she stated that she had voluntarily gone with this petitioner and now, has performed marriage with him and is also living with him as husband and wife. She has stated her age as 18 years while the court has assessed her age in between 17-18 years. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.32627 of 2017 (2) dt.14-07-2017 allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bounsi P.S. Case No. 59 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Banka subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V.