Ajeet Mandal @ Ajeet Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21222 of 2017 Arising Out of PS.Case No. -102 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Ajeet Mandal @ Ajeet Kumar, Son of Awadhesh Mandal.
2. Amit Mandal @ Amit Kumar, Son of Awadhesh Mandal,
3. Awadhesh Mandal, Son of Late Rupan Mandal, All are residents of Village- Kamat Tola, Police Station- Pirpainty, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-07-2017 Heard the Counsel for the petitioners and Mr. Dayal, APP for the State.
Petitioner Nos. 1 and 2 are sons of petitioner No. 1. They are facing accusations punishable under Sections 366A/34 of the Indian Penal Code vide Pirpainty P.S. Case No. 102 of 2015. Petitioners are related to co-accused Pinku Mandal @ Pushp Ranjan Mandal. Father of the victim lodged the case that she was abducted by the co-accused. The victim appeared for her statement under Section 164 Cr.P.C. in which she has accepted herself as major and claimed to have married with Pinku Mandal on her own free will.
Counsel for the petitioners submits that the petitioners have no dominating role to play in the family as Pinku Mandal is
Patna High Court Cr.Misc. No.21222 of 2017 (2) dt.01-07-2017 2/3 the son of brother of petitioner No. 3. They are not directly related to Pinku Mandal. All other co-accuseds including Pinku Mandal have been granted privilege of anticipatory bail by the Court below.
In the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.,XI, Bhagalpur in Pirpainty P.S. Case No. 102 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioners.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J)
Patna High Court Cr.Misc. No.21222 of 2017 (2) dt.01-07-2017 3/3 Pankaj/- U T