Raj Kumar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.55754 of 2016 (2) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55754 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -BHAIRABASHTHAN District- MADHUBANI ====================================================== Raj Kumar Mandal, Son of Rohit Mandal, Resident of Village Mahrail, P.S. Rudrapur, District- Madhubani.

... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bhairab Asthan P.S. Case No. 91 of 2016 registered for the offences punishable under Sections 363, 366A, 120B/34 of the Indian Penal Code.

Allegedly, the FIR named accused persons came on three motorcycles and kidnapped the minor daughter of the informant and when the villagers came there, they fled away leaving the motorcycles and out of them three miscreants were apprehended by the villagers including the petitioner. Submission is that the petitioner is in custody since 13.10.2016, he has got no criminal antecedent, there is no allegation of tampering with prosecution evidence, it is a case of an attempt of abduction, co-accused Keshab Thakur has been

Patna High Court Cr.Misc. No.55754 of 2016 (2) dt.11-01-2017 allowed bail vide Cr. Misc. No. 53087 of 2016 by another coordinate Bench of this Court. Learned APP submits that the petitioner is named in the first information report.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Bhairab Asthan P.S. Case No. 91 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T