Tena Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42429 of 2018 Arising Out of PS. Case No.-103 Year-2017 Thana- CHAUSA District- Madhepura ====================================================== Tena Mandal S/o Raj Kumar Mandal, R/o Vill.- Barikhal (Fulout Purvi), P.S.- Chousa (Fulout O.P.), District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Chousa ( Fulout O.P.) P.S. case no. 103/17 instituted for the offence under Section(s)365/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that mere suspicion has been raised against this petitioner. In the written report, it is alleged that son of the informant has gone to work in the field. But, he did not return. The informant has raised suspicion against this petitioner that he has kidnapped his son because of previous enmity. Learned counsel for the petitioner has further submitted that other co-accused persons with similar allegation have already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 28.6.2018

Patna High Court Cr.Misc. No.42429 of 2018(4) dt.21-08-2018 2/2 passed in Cr. Misc. 32631 of 2018 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Chousa ( Fulout O.P.) P.S. case no. 103/17, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM Udakishunganj, Madhepura subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T