Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23163 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- GARKHA District- Saran ====================================================== Mantu Kumar Son of Bhageran Ray Resident of Village-Mahamada, P.S.- Garkha, District-Saran ... Petitioner

Versus

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

For the Petitioner :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner seeks bail in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code.

Prosecution's case, in brief, is that 16 years old daughter of the informant was kidnapped by four accused persons including the petitioner with an intention of marriage. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that the victim is major as per medical report and as per the death of birth mentioned in her Aadhar card as 1.1.2002. He refers to section 164 Cr.P.C. statement of the victim (Annexure

2) in which she has stated that on the scoldings of her mother, she had gone to the house of her Mausi and now she has returned to her house at her own sweet will. She has further stated that she wants to live with her parents at her house. Victim has not supported the allegation of kidnapping in her aforesaid statement. Petitioner has got no criminal antecedent and he is in custody since 4.3.2020.

Patna High Court CR. MISC. No.23163 of 2020(2) dt.08-09-2020 2/2 In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above 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 Additional Chief Judicial Magistrate 14, Saran at Chapra in Garkha Police Station Case No. 107/2020, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T