Puran Mandal @ Puran Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5351 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- LAKHNAUR District- Madhubani ====================================================== Puran Mandal @ Puran Kumar Mandal Son of Harekant Mandal Resident of Village - Ward No. 2, Navtaol Purnani Pokhar (Behat Dekshini), P.S. - S.H.O. Lakhnour, R.S.O.P. - Jhanjharpur, and District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renuka Devi Wife of Manoj Sah At Present Address - resident of Village - Purni Pokhar, Nabtol, Ward No. 3, P.S. - R.S.O.P. - Jhanjharpur, District - Madhubani, Permanent Address - resident of Village - Donar Chowck, Gandhi Nagar Katriya, P.S.- Sadar Darbhanga, District - Darbhanga. 3.

Kajal Kumari Wife of Puran Mandal @ Puran Kumar Mandal Daughter of Renuka Devi, At Present Address - Resident of Village - Ward No. 2, Navtaol Purnani Pokhar (Behat Dekshini, P.S. - S.H.O. Lakhnour, R.S.O.P. - Jhanjharpur, and District - Madhubani, Permanent Address - resident of Village - Donar Chowck, Gandhi Nagar Katriya, P.S.- Sadar Darbhanga, District - Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Nazir Ansari, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Lakhnaur P.S. Case no. 101 of 2020 registered under sections 363 and 366A of the Indian Penal Code.

As per allegation in the FIR, the minor daughter of the informant was forcibly taken away by the petitioner for the purpose of marriage.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.5351 of 2021(3) dt.24-06-2021 2/2 that the allegations as levelled in the FIR are false and concocted. The statement of the daughter of the informant was recorded under section 164 Cr.P.C. from which it would transpire that she is a major aged 22 years and she has stated therein that it was out of her own free will that she married the petitioner and wants to reside with him. The petitioner is in custody since 28.9.2020 and has no criminal antecedent. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the statement under section 164 Cr.P.C. of the daughter of the petitioner together with the investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Lakhnaur P.S. Case no.101 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jhanjharpur, District Madhubani.

(Partha Sarthy, J) Bibhash U