Chandan Kumar Mandal @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37586 of 2025 Arising Out of PS. Case No.-30 Year-2021 Thana- ANDHRAMATH District- Madhubani ====================================================== Chandan Kumar Mandal @ Chandan Kumar S/O Sri Vishun Deo Mandal @ Bisun Dev Mandal @ Vishnudeo Mandal Resident of village- Manhi(Mainhi), PS- Adharamath, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dev Kumar Kamat S/O Surait Kamat @ Sorait Kamat R/O Village- Gidrahi, Post- Mahadeo Math, PS- Andharamath, Distt-Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No 13 Mr. Rohit Kumar For the informant Ms. Nitu Kumari For the State :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner through video conferencing, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code.

3. The allegation in the first information report is that the minor daughter of the informant went missing and when he went to the house of the petitioner to inquire about the same, he was also found absconding and earlier the petitioner and his family members had threatened him.

4. Learned counsel for the petitioner submits that this is a clear case of love affair between the petitioner and the victim which fact has been candidly accepted by the victim in

Patna High Court CR. MISC. No.37586 of 2025(5) dt.05-12-2025 2/2 her statement recorded under section 164 of the Cr.P.C. by stating that she had also solemnized marriage with the petitioner on 04.01.2022 and two children have also been born out of the said wedlock. It is further submitted that it is only after the birth of the two children that the petitioner was taken into custody on 05.03.2025 and the charge-sheet has already been filed in this case under the provisions of IPC, POCSO Act and also under Section 9 of the Child Marriage Act.

5. Learned APP for the State has opposed the application for bail. However, learned counsel for the informant stands in support of the fact that the victim with her two children is staying in the house of the petitioner and hence, does not oppose the grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged 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 learned court below where the case is pending/successor court in connection with Andharamath P.S. Case No. 30 of 2021. (Soni Shrivastava, J) devendra/- U T