Jaldhar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.55705 of 2016 (2) dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55705 of 2016 Arising Out of PS.Case No. -359 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ====================================================== Jaldhar Mandal, Son of Kalhar Mandal Resident of Village- Kulkuliya, P.S. Kahalgaon, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, APP CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kahalgaon (Ghogha) P.S. Case No. 359 of 2016 registered under Sections 366(A) and 384/34 of the Indian Penal Code. The accusation is of kidnapping of Neha Kumari, minor daughter of informant, by co-accused Prabhat Kumar with the help of his father Ashok Paswan and this petitioner and ransom was also made through mobile from the informant. Learned counsel for the petitioner submits that there was love affairs between Prabhat Kumar and the daughter of informant and she moved with Prabhat Kumar according to her sweet will but the petitioner and Ashok Paswan, father of Prabhat

Patna High Court Cr.Misc. No.55705 of 2016 (2) dt.09-01-2017 Kumar have falsely been implicated in this case due to ulterior motive. Later on, the statement of daughter of informant was recorded on 25.10.2016, under Section 164 Cr.P.C., in which, she stated about kidnapping of her by co-accused Prabhat Kumar whereas she did not disclose the name of this petitioner as associates of Prabhat Kumar. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon (Ghogha) P.S. Case No. 359 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T