Birendra Mandal @ Veerendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20498 of 2018 Arising Out of PS.Case No. -223 Year- 2017 Thana -BASOPATTI District- MADHUBANI ====================================================== Birendra Mandal @ Veerendra Mandal, Resident of VillageKamlawarpatti, P.S.- Basopatti, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 22.12.2017 in connection with Basopatti P.S. Case No.223 of 2017, registered for the offence under Section 366 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the entire allegation is false and motivated and the petitioner has not kidnapped the girl, rather she had gone on her sweet-will. Moreover, the victim girl is a major and has married the petitioner before the court. Thus, the petitioner may be released on bail.

Diary in the present case was called for, which

Patna High Court Cr.Misc. No.20498 of 2018 (4) dt.07-05-2018 2/2 has since been received.

Learned counsel for the informant has opposed the bail application and after referring to several paragraphs of the case diary, it has been submitted that the petitioner had deceitfully taken away the girl for watching Mela and she had been ravished by the father of the petitioner and subsequently she was taken to Nepal and thereafter the petitioner kept her in his illegal confinement for 2-3 months.

Learned counsel for the State after perusal of the case diary submits that there is sufficient material against the petitioner.

Considering the aforementioned facts and circumstances and the materials which have surfaced in the case diary, I am not inclined to grant regular bail to the petitioner. It is, accordingly, dismissed.

(Anjana Mishra, J) PNM U T