Sunny Mandal @ Mania Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39941 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== SUNNY MANDAL @ MANIA MANDAL S/O LATE KAPAL MANDAL R/O VILLAGE- KESHARIA, WARD NO. 13, PS. DUMRA , DIST. SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Smiti Bharti For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.
3. The allegation against the petitioner along with others is of abducting the minor daughter of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. During investigation, this fact came into light from vide para-53 of the case diary that the victim girl used to eloped with the co-accused Badal Mandal. There is no specific overt act against this petitioner. He further submitted
Patna High Court CR. MISC. No.39941 of 2023(3) dt.21-08-2023 2/2 that the victim girl is still traceless. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Dumra P.S. Case No. 108 of 2023.
(Sunil Kumar Panwar, J) arish/- U T