Robin Kumar Mandal And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.55693 of 2015 (2) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55693 of 2015 Arising Out of PS.Case No. -302 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Robin Kumar Mandal Son of Gonar Mandal, Resident of Village- Tekthi, Police Station- Madhepura, District- Madhepura.

2. Tarni Kamat Son of Saheb Kamat

3. Lalan Kamat @ Lukhiya Kamat, Son of Late Saheb Kamat

4. Bhushan Kamat, Son of Late Saheb Kamat All residents of VillageInarwa, Police Station- Ghailarh, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar null null

2. Vidya Shankar Behari, Son of Late Ganesh Shankar Behari, Resident of Village- Tekthi, Police Station- Madhepura, District- Madhepura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-12-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, namely, Robin Kumar Mandal, Tarni Kamat, Lalan Kamat @ Lukhiya Kamat and Bhushan Kamat are in custody in Complaint Case No.302 of 2015 under Sections 365/120B of the Indian Penal Code.

The learned counsel for the petitioners submitted that the petitioners are relation of Ritu Devi and the allegation is that the son of the informant namely Bipin Bihari @ Akash Raj was kidnapped. The learned counsel further submitted that in fact,

Patna High Court Cr.Misc. No.55693 of 2015 (2) dt.16-12-2015 there was love affairs between Bipin Bihari @ Akash Raj with Ritu Devi and they married and subsequently the complaint case has been filed by Ritu Devi against Bipin Bihari @ Akash Raj under Section 498A, 120B and other Sections of I.P.C. which is Annexure 2.

From perusal of Annexure 2, it appears that complaint case has already been filed by Ritu Devi against her husband Bipin Bihari @ Akash Raj and that allegation against these petitioners is that they have kidnapped Bipin Bihari @ Akash Raj. Considering the above facts that there is case and counter case between the parties and admittedly a complaint case has been filed by Ritu Devi under Section 498A and the petitioners are related to said Ritu Devi who are in custody since 02.11.2015, I direct the petitioners named above to be released on bail on furnishing bail bond of Rs.5,000/-(Rupees five thousand) each with two sureties of the like amount each to the satisfaction of Sri S.K. Kashyap, Judicial Magistrate, 1st Class, Madhepura in connection with Complaint Case No.302 of 2015. (Mungeshwar Sahoo, J) Saurabh/- U T