Patna High CourtCR. MISC./21978/2016bail granted

Kamali Mandal v. The State Of Bihar

2016-07-27Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21978 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -MARKAHI District- KHAGARIA ====================================================== Kamali Mandal, Son of Jageshwar Mandal, Resident of village- Sahpur (Bhawanipur), P.S.- Bihpur, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Morkahi P.S. Case No. 74 of 2015, registered under Sections 363, 364, 120A of the Indian Penal Code.

Learned counsel for the petitioner submits that regarding the kidnapping of 08 years old son of the informant, Morkahi P.S. Case No. 74 of 2015 was instituted under section 363, 364 and 120A of the I.P.C. against three named in the F.I.R. Further submission is that in course of investigation it has come in para 66 of the case diary that four accused persons, including the petitioner, were seen with the boy. Further submission is that petitioner was arrested in connection with Parwatta P.S. Case No. 283 of 2015, thereafter he is remanded in the present case

Patna High Court Cr.Misc. No.21978 of 2016 (3) dt.27-07-2016 2/2 on 07.12.2015 as such the petitioner was not apprehended with the kidnapped boy. Moreover, similarly situated co-accused Md. Nausad @ Nausad has already been granted privilege of bail by this Court vide order dated 13.01.2016 passed in Criminal Misc. No. 56074 of 2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 1st Addl. Sessions Judge, Khagaria in connection with Morkahi P.S. Case No. 74 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J.) manish/- U T