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Patna High CourtCR. MISC./32813/2023allowed

Nawal Kumar Mandal @ Nimbu v. The State Of Bihar

2023-06-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32813 of 2023 Arising Out of PS. Case No.-88 Year-2022 Thana- CHANDAN District- Banka ====================================================== Nawal Kumar Mandal @ Nimbu Son Of Santosh Mandal @ Sarjeed Mandal Resident Of Village- Bhorabazar, P.S.-Chandan, District-Banka ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections366A of the IPC and Section 4 of the POCSO Act under Section 10 of Prohibition of Child Marriage Act.

As per prosecution case, the allegation against the petitioner is that he kidnapped her daughter for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per impugned order, it appears that the victim went with this petitioner with her

Patna High Court CR. MISC. No.32813 of 2023(2) dt.26-06-2023 2/2 own sweet will and thereafter they solemnized marraiage. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 15.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandan P.S. Case No. 88 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum Special Judge POCSO, Banka. (Sunil Kumar Panwar, J) manishkumar/- U T