Bikram Mandal @ Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20082 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -JHAJHA District- JAMUI ====================================================== Bikram Mandal @ Bikram Kumar, S/o Sri Ashok Mandal, R/v- Ranikura, P.S.- Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 27.02.2017 in connection with Jhajha P.S. Case No. 38/17 for offences punishable under Sections 366-A/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Sima Khatoon had gone to take her intermediate examination on 17.02.2017 but was found missing. The petitioner and another co-accused Pankaj Mandal are alleged to have kidnapped the daughter of the informant. It has been submitted by the learned counsel for the petitioner that he is innocent, no overt act has been committed

Patna High Court Cr.Misc. No.20082 of 2017 (4) dt.20-06-2017 2/2 and the victim girl in her statement under Section 164 Cr.P.C. also has not alleged of any overt act. The Medical Board has found her age to be 18-19 years and charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence and that the petitioner and the daughter of the informant had a love affair and the victim girl went out with the petitioner out of her own sweetwill.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Jhajha P.S. Case No. 38/17. (Nilu Agrawal, J) Rajesh/- U T