Patna High CourtCR. MISC./20780/2017rejected

Santosh Mandal v. The State Of Bihar

2017-07-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20780 of 2017 Arising Out of PS.Case No. -129 Year- 2016 Thana -SURSAND District- SITAMARHI ====================================================== Santosh Mandal, Son of Late Ramu Mandal, Resident of Village- Balwa, P.S.- Madhwapur, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 20-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sursand P.S. Case No.129 of 2016 registered under Sections 366/34 of the Indian Penal Code, pending in the court of the Sub Divisional Judicial Magistrate, Pupri at Sitamarhi. The accusation is that on 08.06.2016, when the wife of the informant had gone outside of the house to attend the call of nature, at that time, this petitioner alongwith his family members kidnapped her with bad intention and to perform the marriage. Further allegation is that the marriage of this petitioner was performed before five years at the village of the informant.

Patna High Court Cr.Misc. No.20780 of 2017 (4) dt.20-07-2017 2/2 Learned counsel appearing on behalf of the petitioner submits that the petitioner has been implicated in this case on mere suspicion.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T