Vijay Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32920 of 2015 Arising Out of PS.Case No. -83 Year- 2015 Thana -RUPAULI District- PURNIA ======================================================

1. Vijay Mandal Son of late Jogi Mandal

2. Buchkun Mandal Son of Kamleshwari mandal Both resident of Village - Rampur Parihat ,dubba tola, P.s Rupouli, District Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 363,366,120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that vague allegation has been made against the petitioner for having kidnapping informant's wife and there is no cogent material to connect these petitioners and the statement of victim lady recorded under Section 164 Cr. P.C., she has not taken the name of these petitioners.

However, after perusing the statement made by the victim lady Neelam Devi, it appears that petitioner No. 2 had actively participated in taking away Neelam Devi from her home at

Patna High Court Cr.Misc. No.32920 of 2015 (2) dt.19-08-2015 P2/2 Samastipur where she was married with another man. Considering the fact which has come in the statement made by the victim lady under Section 164 Cr.P.C., I am not inclined to grant bail to petitioner No. 2.

It is however, directed that in case, he surrenders within three weeks, the same may be considered without being prejudiced by the order of this Court.

So far as petitioner No. 1 is concerned, let him, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea in connection with Rupouli P.S. Case No. 83 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T