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Patna High CourtCR. MISC./43164/2015bail granted

Pinki Devi And ORS v. The State Of Bihar

2015-09-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43164 of 2015 Arising Out of PS.Case No. -344 Year- 2013 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Pinki Devi wife of Amit Mandal

2. Amit Mandal son of Naresh Mandal, both resident of Naya Bansh, P.s. Safla, District Rohtas State Haryana and also resident of Mohalla Laloo Chak Narga, P.S. Nathnagar, District Bhagalpur.

3. Shankar Mandal son of Late Rupan Roy resident of Mohalla Laloochak Narga, P.s. Nathnagar, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Sinha For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2015 Heard both sides.

Petitioners seek bail in a case registered for the offences punishable under sections 363, 366-A, 376 and other allied sections of the Indian Penal Code.

Father of the victim made allegation that Shila Devi, Pinki Devi and Amit Mandal kidnapped his minor daughter and took her to Haryana and sold her to Amit Choudhary to solemnize marriage with her.

It is submitted that victim Pooja Kumari made her statement under section 164 Cr.P.C. who disclosed that Shila devi took her to the house of Pinki Devi from where Pinki Devi, Shila Devi, Badal Mandal and Amit Mandal took her to Haryana.

Patna High Court Cr.Misc. No.43164 of 2015 (2) dt.18-09-2015 She has not made any specific allegation against the petitioner. Amit Mandal, Shankar Mandal, Shila Devi and Pinki Devi are alleged to have kidnapped the victim.

It is submitted that Shila Devi and Badal Mandal have already been granted anticipatory bail by a Bench of this Court by order dated 26.06.2014 vide order passed in Criminal Misc. No. 5729 of 2014. Case of the petitioners stands on the same footing and the petitioners are in jail since 08.04.2015. Considering the facts aforesaid, the petitioners above named, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Bhagalpur in connection with Nath Nagar P.S. Case No. 344 of 2013, G.R. No. 4062 of 2013. (Prabhat Kumar Jha, J) Amin/- U