Sujit Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54755 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -BAHERI District- DARBHANGA ====================================================== Sujit Kumar Mandal, Son of Umesh Mandal, resident of Village- Bhachhi, Police Station- Baheri, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Madhav, Adv. Mr. Manoj Kumar Sinha, Adv.

For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Baheri P.S. Case No. 51/2017 instituted for the offence under Sections 363, 366 and 366(A) of the Indian Penal Code.

Counsel for the petitioner has submitted that on recovery, the victim girl has given her statement under Section 164 Cr.P.C. wherein it has been stated that she voluntarily left her house and gone with the petitioner to Mumbai. She has also stated that she has performed marriage with the petitioner and lives with him as husband and wife for last two months. The victim girl has disclosed her age to be 18 years under Section 164 Cr.P.C. and the Court also assessed her age to be 18 years.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.54755 of 2017 (3) dt.28-11-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Baheri P.S. Case No. 51/2017, he shall be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Darbhanga, subject to the conditions as laid down under Section 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) petitioner 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) Vinita/- U T