Maheshi Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51600 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== 1.
MAHESHI MANDAL Son of Late Gabbi Mandal Resident of VillageKhamkaul, Ward No. 01, P.S.-Forbesganj, Dist-Araria 2.
URMILA DEVI Wife of Maheshi Mandal Resident of Village-Khamkaul, Ward No. 01, P.S.-Forbesganj, Dist-Araria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2023
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Forbesganj PS Case No. 138 of 2023 dated 18.02.2023 registered under Sections 363, 366(A) / 34 of the I.P.C.
3. As per the prosecution case the minor daughter of the informant was abducted by the co-accused / Birendra Mandal on 17.02.2023. The petitioners are the parents of the co-accused / Birendra Mandal against whom it has been alleged that when the family members of the informant went to the house of the accused persons to lodge a
Patna High Court CR. MISC. No.51600 of 2023(4) dt.06-12-2023 2/3 complaint, the petitioners along with others abused them and misbehaved with them.
4. Learned counsel for the petitioners submits that petitioners are the father and mother of the co-accused / Birendra Mandal who has allegedly abducted the daughter of the informant. Learned counsel further submits that as per his instruction the girl has come back and her statement under Section 164 Cr.P.C. has been recorded in which she has stated that she had gone with Birendra Mandal on her own free will and has solemnized marriage with him.
5. Regard being had to the submissions made by the parties, taking into consideration the fact that petitioners are the parents of the co-accused / Birendra Mandal, the victim girl has already been recovered and her statement has been recorded under Section 164 Cr.P.C., as such, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.51600 of 2023(4) dt.06-12-2023 3/3 the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 138 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T