Mukesh Mandal @ Mukesh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75580 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- ATRI District- Gaya ======================================================
1. MUKESH MANDAL @ MUKESH Son of Vijay Mandal Resident of VillageSidh,P.S. Atari,Distt.-Gaya
2. Anil Mandal @ Gabbar @ Gabbar Mandal @ Anil Son of Late Deo Nandan Mandal Resident of Village-Sidh,P.S. Atari, Distt.-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh For the Opposite Party/s :
Mr.Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2019 Heard both sides.
The petitioners apprehend their arrest in Atri P.S. case No. 138 of 2018 registered under Section 366A, 448, 354, 504, 506, 509 of the Indian Penal Code.
The informant, father of the victim, alleged that Anuj Kumar with the help of petitioners and others had kidnapped his daughter for the purpose of marriage on 25.04.2018 but when the informant put pressure on the father of Anuj Kumar, Anuj Kumar and his daughter returned on 28.04.2018 but the informant did not lodge the case. The informant further alleged that on 14.05.2018 at about 4.30 in the evening Anuj Kumar and his brother-in-law forcibly entered into his house in order to search out the victim but she was not present. The informant further alleged that Anuj Kumar and his brother-in-law abused her elder daughter and dragged her but on alarm they fled away. The learned counsel for the petitioners submits that informant is not an eye witness of the first occurrence said to
Patna High Court Cr.Misc. No.75580 of 2018(2) dt.10-01-2019 2/2 have taken place on 25.04.2018. The informant only suspected that petitioners also helped Anuj Kumar in kidnapping his daughter but the informant even after return of his daughter did not lodge the case and when the next occurrence took place the petitioners were not even present at the place of occurrence. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned 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) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateV, Gaya in connection with Atri P.S. Case No. 138 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T