Rohit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74138 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Rohit Mandal S/O- Bhagwan Mandal Village- Baluachak Ps- Jagdishpur DistBhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju Devi(F), wife of Rakesh Thakur, Resident of village- Baluochok, P.S.- Jagdishpur, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Kumar Singh, Advocate For the Informant/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner; learned counsel for the informant Mr. Davendra Kumar Pandey and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A, 504/34 of the Indian Penal Code.

3. The case of the prosecution is that on 10.06.2024, the daughter of the informant namely, Payal Kumari aged about 16 years went from house to cafe but she did not returned for a considerable time. It is further alleges that 20 days earlier, she

Patna High Court CR. MISC. No.74138 of 2024(4) dt.21-01-2025 2/3 has gone with Rohit Mandal. At the Railway Station they found their daughter but they could not find the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. During course of investigation, the victim was recovered and she has given her statement recorded under Section 161 and 164 of the Cr.P.C. as well she has stated that she was having relation with the petitioner and that she has gone with the petitioner on her sweet will. From perusal of the statement of the victim recorded under Section 161 of the Cr.P.C., it transpires that she has fled twice with the petitioner. It is a clear case of elopement. It is further submitted that the petitioner is languishing in judicial custody since 15.06.2024.

5. Mr. B.N. Pandey, learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ishakchak P.S. Case No. 112 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.74138 of 2024(4) dt.21-01-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Bhagalpur. (Ashok Kumar Pandey, J) Sudhanshu/- U T