Manoj Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38255 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -HABIBPUR District- BHAGALPUR ======================================================

1. Manoj Mandal, son of Shri Bhagwat Mandal, resident of Village- Korha, Police Station- Lodipur, District- Bhagalpur.

2. Chandrashekhar Mandal, son of Late Ajodhi Mandal,

3. Usha Devi, wife of Chandrashekhar Mandal, both residents of Village- Bhairopur, Police Station- Habibpur, DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf, Advocate For the Opposite Party/s : Mr. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code.

Accusation is of kidnapping the daughter of the informant by co-accused Ambika Kumar for the purposes of marriage.

It is submitted by the learned counsel for the petitioners that 164 Cr.P.C. statement the victim has stated that she was being abducted by Ambika Kumar and his friend Vikash, where Ambik's parents got her marriage with Ambika Kumar. At the time of marriage there were several persons

Patna High Court Cr.Misc. No.38255 of 2015 (2) dt.24-09-2015 along with petitioner nos. 1 and 3 were also present. It is submitted that the thrust of accusation is against Manoj and Vikash and petitioners have no criminal antecedent. Other persons who were present during marriage ceremony like Kalpana Devi and Sitaram Mandal have been granted bail vide Cr. Misc. No. 25227 of 2015.

Considering the thrust of accusation is against Manoj and Vikash, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Shri Dipanjan Mishra, Judicial Magistrate, Ist Class, Bhagalpur in connection with Habibpur P.S. Case No. 20 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T