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Patna High CourtCR. MISC./6965/2018disposed

Lalita Mandal @ Lalit Mandal And ANR v. The State Of Bihar

2018-06-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6965 of 2018 Arising Out of PS.Case No. -13 Year- 2013 Thana -HAYAGHAT District- DARBHANGA ======================================================

1. Lalita Mandal @ Lalit Mandal, S/o Bahor Mandal, R/o Village- Dasaut, P.S.- Hathauri, District- Samastipur.

2. Chandan Chaudhary S/o Anandi Choudhary, R/o Village- Parwana, P.S.- Hathauri, District- Samastipur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2018 Petitioners apprehend their arrest in connection with Hayaghat P.S.Case No. 13 of 2013 registered for the offences punishable under Sections 149, 364, 365 and 367 of the Indian Penal Code.

Petitioners are not named in the FIR and the case is of kidnapping and abduction of son of the informant. Later on name of the petitioners transpires during course of investigation in the statement recorded under Section 164 Cr.P.C.

Submission of learned counsel for the petitioners is that except vague allegation that petitioners were also present there is nothing in the statement recorded under Section 164 Cr.P.C. and the case has been compromised and other co-accused persons

Patna High Court Cr.Misc. No.6965 of 2018 (5) dt.18-06-2018 2/2 have been granted privilege of anticipatory bail by this Court vide order dated 5.8.2014 passed in Cr.Misc.No. 19394 of 2014. Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners.

However, if the petitioners surrender and make prayer for regular bail, learned court below shall consider the same on merit and on the basis of submission as stated above. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U