Mangal Kumar @ Mangal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36872 of 2018 Arising Out of PS.Case No. -56 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Mangal Kumar @ Mangal Pandey, Son of Late Ram Naresh Ram @ Ram Naresh Paswan, resident of Village- Kharari, P.S. Nokha, DistrictRohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambuj Kumar Chandra For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2018 Heard the learned counsel for the petitioner, the informant as well as the State.

Earlier the petition of the petitioner for grant of anticipatory bail was dismissed as not pressed vide order dated 05.02.2018 passed in Cr. Misc. No. 58213/2017. In the written report, it is alleged that the daughter of the informant was kidnapped while she was going to coaching institute.

Learned counsel for the informant has submitted that the victim girl has stated in her statement made under Section 164 of the Cr.P.C., which has been annexed as Annexure-2, that while she was going to her class from her house, she was kidnapped by this petitioner along with other accused persons and she was taken

Patna High Court Cr.Misc. No.36872 of 2018 (4) dt.01-08-2018 2/2 to Bengal in a Bolero Car. She was kept in confinement for 15 days and then she was brought to Patna and again confined for seven days and forcibly her marriage was performed with this petitioner in Mahavir Mandir. The petitioner also committed illegal act.

Considering the statement of the victim girl made under Section 164 of the Cr.P.C. as mentioned, this Court finds that the victim girl was kidnapped by this petitioner along with other accused persons and was confined illegally and also her marriage is alleged to have been performed forcibly, as per own statement of the victim girl.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the same is rejected.

The petitioner is directed to surrender before the Court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, which shall be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J.) Rakhi U T