Sargun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5421 of 2021 Arising Out of PS. Case No.-317 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== Sargun Mandal, Son of Jagdeo @ Jagdish Mandal Mandal, Resident of Village- Siktiya, Police Station- Sajour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-05-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Section 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

Though the victim has alleged her kidnapping by the petitioner and co-accused, however a perusal of her entire statement recorded under Section 164 Cr.P.C. would reveal that she travelled along with the petitioner without making any protest at any point of time. She has not alleged anything more against the petitioner. Petitioner is in custody since 02.06.2020. Investigation of the case is already complete. Considering the facts of this case aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the

Patna High Court CR. MISC. No.5421 of 2021(3) dt.27-05-2021 2/2 like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Nathnagar (Madhusudanpur) P.S. Case No. 317 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T