Niranjan Mandal @ Ranjan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59417 of 2018 Arising Out of PS. Case No.-25 Year-2005 Thana- BIHPUR District- Bhagalpur ====================================================== Niranjan Mandal @ Ranjan Mandal Son of late Bhagwan Mandal Resident of Village- Sonbarsa, Police Station- Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bihpur P. S. Case No. 25 of 2005 instituted for the offence under Section 364/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is no eye witness in the case. The victim boy, on recovery, has given his statement under Section 164 Cr.P.C. on 5.3.2005, wherein, he has taken the name of this petitioner. Learned counsel for the petitioner has submitted that in the statement recorded U/s 164 Cr.P.C. he has stated that one boy brought him to the Dholbajja Police station where his uncle were present from before along with the police. Thereafter, he returned to his house.

Patna High Court Cr.Misc. No.59417 of 2018(3) dt.01-11-2018 2/2 Learned counsel for the State after looking into the case diary has submitted that victim boy has been recovered by the police. But in the statement recorded U/s 164 Cr.P.C., it appears that victim boy has voluntarily returned to Dholbajja Police station along with one boy where his uncle were present from before in the police station. Thereafter, he returned to his house.

Petitioner is in custody since 2.7.2018 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the IInd Additional District and Sessons Judge, Naugachia, in connection with Bihpur P. S. Case No. 25 of 2005, Sessions Trial no. 286 of 2011 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T