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Patna High CourtCR. MISC./34864/2017bail granted

Ravindra Mandal And ORS v. The State Of Bihar

2017-08-11Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34864 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -CHANAN District- LAKHISARAI ======================================================

1. Ravindra Mandal, Son of Parmeshwar Mandal.

2. Meera Devi, W/o Ravindra Mandal.

3. Kundan Kumar, Son of Ravindra Mandal. all are Resident of VillageRewta, P.S. Chanan, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2017 Heard both sides.

The petitioners apprehend their arrest in Chanan P.S. Case No. 25/2017, registered for the offences punishable under Section 366A and other sections of the Indian Penal Code. The informant alleged that Chandan Kumar son of petitioner nos. 1 and 2 kidnapped his minor daughter aged about 15 years. When the informant and his wife went to complain the petitioners are alleged to have assaulted the wife of the informant. Learned counsel for the petitioners submits that all the allegations are false and concocted. The daughter of the informant was in love with Chandan Kumar and both fled away and solemnized marriage. The petitioners are the father, mother

Patna High Court Cr.Misc. No.34864 of 2017 (2) dt.11-08-2017 2/3 and brother of Chandan Kumar and that is why they have falsely been implicated in the case. It is further submitted that the victim made her statement under Section 164 Cr.P.C and she disclosed that she fled away from her house and went to Deoghar to the house of her maternal grandmother. The victim did not name the petitioners.

Learned counsel for the informant as well as learned A.P.P. vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that the petitioners helped Chandan in kidnapping the victim.

It appears that the informant himself made specific allegation against Chandan Kumar that it was he who kidnapped his daughter. The victim also made her statement under Section 164 Cr.P.C and she denied the story of her kidnapping. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 Additional District & Sessions Judge Ist, Lakhisarai-cum-Special Judge (POCSO), Lakhisarai in connection

Patna High Court Cr.Misc. No.34864 of 2017 (2) dt.11-08-2017 3/3 with Chanan P.S. Case No. 25/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T