Ludo Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8437 of 2016 Arising Out of PS.Case No. -271 Year- 2015 Thana -KOTWALI District- MUNGER ======================================================

1. Ludo Mandal Son of Saheb Mandal

2. Santosh Mandal Son of Saheb Mandal Both resident of village - Lalderwaza, P.S. Kotwali, Distt. - Munger .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-04-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Section 366A/34 of the Indian Penal Code registered in connection with Kotwali P.S. Case No.271 of 2015.

3. It is submitted that the petitioners have been falsely implicated as so-called victim girl has since returned and recorded her statement under Section 164 Cr.P.C., stating that she voluntarily meet her aunt Sarswati Devi instead of going to school on 09.12.2015 and thereafter, returned on 16.12.2015. She has denied having been kidnapped by any one.

4. Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the arrest or

Patna High Court Cr.Misc. No.8437 of 2016 (2) dt.19-04-2016 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No.271 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions :- (i) The petitioners shall co-operate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) N.H./- U T