Sudarshan Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.41319 of 2017 (2) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41319 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -TATARPUR District- BHAGALPUR ======================================================

1. Sudarshan Mandal, Son of Mahendra Mandal, resident of Mohalla Parwatti, P.S.- Tatarpur (University), District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amrendra Kumar Jha For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 The petitioner seeks regular bail in connection with Tatarpur (University) P.S. Case No. 71 of 2017, registered for offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant for the purpose of marriage. It has been submitted on behalf of the petitioner that out and out false and fabricated case has been filed by the informant. It has also been submitted that the girl in her statement recorded under Section 164 Cr.P.C. has clearly stated that she has gone with the petitioner out of her own sweet will and her age is eighteen years. Further petitioner has no criminal antecedent and has been in judicial custody since 13.05.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the statement of the girl recorded under Section

Patna High Court Cr.Misc. No.41319 of 2017 (2) dt.07-09-2017 164 Cr.P.C., let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -VII, Bhagalpur, in connection with Tatarpur (University) P.S. Case No. 71 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T