Manoj Mandal @ Manoj Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59877 of 2021 Arising Out of PS. Case No.-548 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== Manoj Mandal @ Manoj Kumar Mandal, Son of Jogiya Mandal Resident of Village- Dhabahi, P.S.- Laukahi, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hriday Narayan Harshit, Adv.
For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2022 Heard learned counsel for the parties through video conferencing in view of COVID-19.
The petitioner is in judicial custody in connection with Phulparas P.S. Case No.548 of 2020 (G.R. No.2196 of 2020) lodged under Section 366A of the Indian Penal Code. Allegation was made by the informant that her daughter was untraceable and when she tried to contact these accused persons they threatened her with dire consequences. Subsequently, the girl was recovered and she made a deposition under Section 164 of the Code of Criminal Procedure, where she has stated that she went with the petitioner on her own will and married him at Delhi. She has further stated that after the death of her father, her step mother used to beat her and she was fed up with her. Medical report opined her to be of 19 years of age while the 'Aadhar' Card which has been brought on record
Patna High Court CR. MISC. No.59877 of 2021(2) dt.15-04-2022 2/2 as Annexure-4 shows her date of birth as 1st January, 2002. The date of occurrence as per the FIR is 21.11.2020 which clearly reflects that she was above 18 years at the time of occurrence. Taking into account the aforesaid facts, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Phulparas P.S. Case No.548 of 2020 (G.R. No.2196 of 2020) to the satisfaction of learned A.C.J.M., IIIrd, Jhanjharpur, Madhubani.
With the aforesaid observation the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T