Vivek Mandal Bishek @ Abhishek Mandal @ Vivek Mandal @ Bishek v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45451 of 2018 Arising Out of PS.Case No. -100 Year- 2018 Thana -AMARPUR District- BANKA ======================================================

1. Vivek Mandal Bishek @ Abhishek Mandal @ Vivek Mandal @ Bishek, S/o Tappo Mandal @ Bhumi Lal Mandal, Resident of Village- Mahada, P.S.- Rajaun, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhirendra Kumar, Advocate For the Opposite Party/s Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Amarpur P.S. Case No. 100 of 2018, registered for offences punishable under Sections 366 (A)/34 of the Indian Penal Code. As per F.I.R., allegation against the petitioner is of kidnapping the minor girl of the informant.

Submission of the learned counsel for the petitioner is that the statement of the minor girl under Section 164 Cr.P.C. clearly shows that she is major and married with the petitioner on her own sweet will. It has further been submitted that they are living together and father of the victim girl has sworn an affidavit before the learned lower court for compromise the case. It is

Patna High Court Cr.Misc. No.45451 of 2018 (2) dt.02-08-2018 2/2 further submitted that the petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S.Case No. 100 of 2018, subject to the conditions as laid down under Section 438

(2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T