Bipin Kumar @ Bipin Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.53700 of 2015 (3) dt.22-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53700 of 2015 Arising Out of PS.Case No. -81 Year- 2015 Thana -KHARAGPUR District- MUNGER ====================================================== Bipin Kumar @ Bipin Mandal Son of Kailu Mandal @ Kailash Mandal resident of Village - Naki, Post - Lohchi, P.S. Kharagpur, District - Munger. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bishweshwar Ram, Advocate For the Opposite Party : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Shampur Kharagpur P.S. Case No. 81 of 2015 pending in the Court of SDJM, Munger for the offences instituted under Sections 366A/34 of the Indian Penal Code.

Prosecution case in short is that the daughter of the informant Rupam Kumari aged about 15 years on 08.04.2015 at about 7.00 P.M., went to attend the call of nature and thereafter the petitioner along with others enticed her away. He made hectic search but could not find, hence lodged the FIR. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The main allegation is

Patna High Court Cr.Misc. No.53700 of 2015 (3) dt.22-02-2016 against co-accused Amit Mandal. The other co-accused, namely, Usha Dev who is the mother of the petitioner has already been granted anticipatory bail by this Court vide Cr.Misc.No.31106 of 2015.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and has actively participated in the alleged occurrence.

Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.

Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) B.Kr./- U T