Shankar Kumar @ Shankar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.25258 of 2015 (3) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25258 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -BELDAUR District- KHAGARIA ====================================================== SHANKAR KUMAR @ SHANKAR MANDAL, SON OF YOGENDRA MANDAL, RESIDENT OF VILLAGEBALTHI BASA, P.S.- BELDOUR, DISTRICT- KHAGARIA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Beldour P.S. Case No. 52 of 2015 registered under Section 366A/34 of the Indian Penal Code.

The accusation is of kidnapping of Rajni Khatoon, aged about 13 years, daughter of informant, by the petitioner with the help of his family members.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive. It is further submitted that while the victim, Rajni Khatoon, in her statement, under Section 164 Cr.P.C., has stated about dropping by this petitioner at Barauni, Zero Mile and has

Patna High Court Cr.Misc. No.25258 of 2015 (3) dt.01-10-2015 not committed any illegal act but in paragraph 17 of the case diary, Investigating Officer disclosed about the recovery of the victim from Beldour, Zero Mile. It is also submitted that, in fact, the victim is major and she has not been medically examined and her marriage has also been performed with Md. Tamil of village Dumari Kothi, P.S. Gogari, District Khagaria, which would appear from paragraph 6 of the case diary. Learned counsel for the petitioner further submits that petitioner is the student of intermediate and has no criminal antecedent and is in custody since 13.04.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 Judicial Magistrate Ist Class, Khagaria, in connection with Beldour P.S. Case No. 52 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T