Amar Kumar Mandal @ Amar Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61549 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== Amar Kumar Mandal @ Amar Kumar Ray, Son of Nityanand Roy, Resident of Village - Khushkibagh, Babu Para, P.S.- Sadar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 This is an application for grant of anticipatory bail in connection with G.R. Case No. 44 of 2018, arising out of Kishanganj P. S. Case No. 13 of 2018, disclosing offences under Sections 363, 366 of the Indian Penal Code and Section 4 of the POCSO Act, 2012.

As per the F.I.R. there is allegation against the petitioner is of kidnapping the Niece of the informant. Submission of the learned counsel for the petitioner is that with respect to the same kidnapping of the victim, another case has been lodged, in which, the statement of the victim girl has been recorded, in which she has admitted that she has solemnized the marriage with the petitioner and furthermore, this Court while considering the anticipatory bail of the petitioner in another case lodged by the father of the victim girl

Patna High Court CR. MISC. No.61549 of 2019(3) dt.15-10-2019 2/2 called the victim girl in the Court and after considering her statement granted anticipatory bail to the petitioner, vide order dated 03.04.2018 passed in Criminal Misc. No. 3107 of 2018 and the present case has been lodged in the month of January, 2018. Further submission is that victim girl is always ready to reside with the petitioner Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned 1st Additional Sessions Judge-Cum-Special Judge, Kishanganj, in connection with G.R. Case No. 44 of 2018, arising out of Kishanganj P. S. Case No. 13 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T