Manish Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33545 of 2025 Arising Out of PS. Case No.-61 Year-2025 Thana- Marnga District- Purnia ====================================================== Manish Kumar Mandal S/o- Dilip Mandal Village- Chapay ,P.S-Maranga ,District-Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dhir Narayan Mandal S/o- Late Chedi Lal Mandal Village- Chapay ,P.SMaranga ,District-Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Mranga P. S. Case No. 61 of 2025 registered for the offences punishable under Sections 137(2), 96, 303(2), 3(5) of the B.N.S.
3. As per F.I.R., on 22.02.2025 at about 6:30 in the evening informant saw a Scorpio car coming outside his house and his grand daughter/victim rushed towards the vehicle where petitioner and other co-accused persons were already present and as soon as he reached there they forcibly made his grand daughter sit in the car and fled away. After that informant
Patna High Court CR. MISC. No.33545 of 2025(2) dt.27-05-2025 2/3 informed his family members and found that his grand daughter/victim had taken jewelry and cash of Rs. 2 lakh with her. It is also alleged by the informant that all the accused persons have taken his grand daughter away with a view to marriage.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Allegation against the petitioner is that he along with other co-accused persons have taken the victim away with a view to marriage with the petitioner. The allegation against the petitioner is omnibus and general in nature and also there is no specific allegation against the petitioner. He furhter submits that no occurrence was ever taken place as alleged in the FIR rather the petitioner and the victim were in relationship and they married due to which the present case has been instituted. He submits that after investigation charge-sheet has been submitted against the petitioner. Petitioner has no criminal history and he is languishing in jail since 29.03.2025 in the present case.
5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6.From perusal of the impugned order, it appears that victim herself has left her house and went to the accused and
Patna High Court CR. MISC. No.33545 of 2025(2) dt.27-05-2025 3/3 both were in relationship prior to the alleged offence. She has also expressed her desire to go along with the accused in her statement made before the Magistrate under Section 183 of BNNS.
7. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned DASJ-06 - cum - Spl Judge (POCSO) Purnea in connection with Maranga P.S. Case No. 61 of 2025 subject to the following conditions :- (i) Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii) One of the bailor shall be his family member. (S. B. Pd. Singh, J) prabhakar/- U