Domi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47861 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.

DOMI MANDAL SON OF LATE PHULO MANDAL RESIDENT OF VILLAGE- SIHNAN, PS- RAJOUN, DIST- BANKA 2.

SHYAMAWATI DEVI WIFE OF DOMI MANDAL RESIDENT OF VILLAGE- SIHNAN, PS- RAJOUN, DIST- BANKA 3.

PINTU MANDAL @ PINTU KUMAR SON OF DOMI MANDAL RESIDENT OF VILLAGE- SIHNAN, PS- RAJOUN, DIST- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad , Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 366(A) read with section 34 of the Indian Penal Code and 4 of POCSO Act.

3. Allegation against these petitioners is that they kidnapped the victim with the intention to solemnize her marriage with one Rohit Kumar.

4. It is submitted on behalf of the petitioners that victim in her statement recorded under section 164 Cr. P . C .

Patna High Court CR. MISC. No.47861 of 2023(3) dt.31-08-2023 2/2 has denied the prosecution case and stated that she was in love with co-accused Rohit Kumar and she on her own sweet will solemnized marriage with co-accused Rohit Kumar in Delhi. 5 . Considering the statement of the victim recorded under section 164 Cr. P . C . and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI Cum Special Judge POCSO , Banka in connection with Rajoun P.S. Case No. 55 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T