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Patna High CourtCR. MISC./42407/2024allowed

Jay Krishna Mandal @ Jay Krishna Kumar v. The State Of Bihar

2024-07-20Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42407 of 2024 Arising Out of PS. Case No.-533 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Jay Krishna Mandal @ Jay Krishna Kumar Son Of Mayanand Mandal R/o Village- Tiraskund Samaul, Ward No. 09, P.S.- Forbesganj, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP For the Informant :

Mr. Kritya Nand Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Forbesganj P.S. Case No. 533 of 2023 dated 12-06-2023,instituted for the offence punishable under Sections 363 and 366 of the Indian Penal Code.

3. The prosecution case, in short, is that on 30-05-2023 at 12.30 PM the daughter of the informant went to Canara Bank situated at Subhash Chowk for depositing money. It is alleged that when her daughter did not return home, she contacted her daughter through phone, but her mobile was found switched off. After that, the informant and other people started searching for the victim, and during search, it was found that

Patna High Court CR. MISC. No.42407 of 2024(2) dt.20-07-2024 2/3 petitioner forcibly took her daughter with him and when she along with her brother, namely, Pankaj Kumar gone to petitioner's house then family members of the petitioner got agitated and started abusing and assaulting them and threatened them and drove them out of the door.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that after the alleged occurrence, the petitioner and victim girl solemnized marriage on 22-02-2024. The Magistrate Officer, Delhi, granted certificate of marriage on 26-02-2024 and they are residing together happily as husband and wife. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned counsel for the informant has submitted that mother-in-law of the petitioner affirmed the statement with regard to marriage of her daughter. She has no objection if the petitioner is granted anticipatory bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Forbesganj P.S. Case No. 533 of 2023, he shall be released on anticipatory bail upon

Patna High Court CR. MISC. No.42407 of 2024(2) dt.20-07-2024 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of C.J.M., Araria, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) shyambihari/- U T