Patna High CourtCR. MISC./40/2016disposed

Sanjay Kumar Mandal v. The State Of Bihar

2016-01-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -MANSAHI District- KATIHAR ======================================================

1. Sanjay Kumar Mandal Son of Brahamdev Prasad Mandal Resident of Village Dumaria Bishanpur Police Station Mansahi, District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Nand Poddar, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code.

Accusation is of abducting the wife of the informant along with Rs.5,000/- cash and ornaments worth Rs. 50,000/-. In 164 Cr.P.C. statement the victim has stated that she after fight with her husband left the house. This petitioner forcibly took her away and kept her confine and released her after sometimes.

It is submitted by the learned counsel for the petitioner that it appears that the informant's wife was filing series of litigation against her husband, hence she left the house but subsequently in 164 Cr.P.C. statement she alleged that she

Patna High Court Cr.Misc. No.40 of 2016 (2) dt.05-01-2016 was forcibly taken away by this petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Mansahi P.S. Case No. 61 of 2015, pending in the court of learned Additional Chief Judicial Magistrate-cum-Sub Judge-III, Katihar. With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T