Mangal Kumar @ Mangal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2434 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- AUANGARI District- Nalanda ====================================================== MANGAL KUMAR @ MANGAL RAM, Aged about 23 years, S/O Doman Ram @ Arjun Ram @ Preman Kumar Resident of Village - Katru Bigha, P.S. - Parwalpur, District - Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Advocate.
:
Mr. Nagendra Dubey, Advocate.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-05-2021 Heard learned senior counsel Y.C. Verma assisted by learned counsel Mr. Nagendra Dubey for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned senior counsel for the petitioner submits that in para 8 of this bail application date of jail custody of the petitioner has been wrongly typed as 18.01.2020 in place of 13.01.2020.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Augari (Pir
Patna High Court CR. MISC. No.2434 of 2021(4) dt.25-05-2021 2/3 Bigha O.P.) P.S. Case No. 04 of 2020 dated 04.01.2020 corresponding to G.R. No. 51 of 2010 registered for the offence punishable under Section 366A/34 of the Indian Penal Code. The prosecution case which is based on the statement/written application of the brother of the victim girl, Kavindra Kumar is that on 03.01.2020 his sister had gone to collect fire sticks but did not return. On search he came to know that the named accused persons in the FIR has kidnapped his sister and took away her with ulterior motive. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place.
He is quite innocent and has been falsely implicated in this case due to village politics. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. On perusal of the records including the case diary there is no specific allegation found against the petitioner. The petitioner has no criminal antecedent as has been mentioned in para 3 of the bail application and he is languishing in custody since 13.01.2020.
Patna High Court CR. MISC. No.2434 of 2021(4) dt.25-05-2021 3/3 Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Augari (Pir Bigha O.P.) P.S. Case No. 04 of 2020. (Anjani Kumar Sharan, J) GAURAV S./- U T