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Patna High CourtCR. MISC./69188/2023allowed

Ranjeet Mandal @ Ranjit Kumar v. The State Of Bihar

2024-03-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69188 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== 1.

Ranjeet Mandal @ Ranjit Kumar S/O- Janardan Mandal Village- Rasalpur Dhuriya W.No-7, Ps- Chausa Dist- Madhepura 2.

Rupesh Mandal @ Rupesh Kumar Son Of Raj Kumar Mandal VillageRasalpur Dhuriya W.No-7, Ps- Chausa Dist- Madhepura 3.

Uday Mandal Son Of Ram Lakhan Mandal Village- Rasalpur Dhuriya W.No-7, Ps- Chausa Dist- Madhepura 4.

Lalo Mandal Son Of Bindeshwari Mandal Village- Rasalpur Dhuriya W.No7, Ps- Chausa Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha Mr. Shabina Talat For the State :

Mr. Surendra Kumar For the Informant :

Mr. Sanjeev Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 363, 504, 506/34 of the Indian Penal Code and Sections 10 and 11 of Prohibition of Child Marriage Act, 2006.

3. As per the prosecution case, the petitioners along with other co-accused are said to have kidnapped the son of the informant with malafide intention.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific

Patna High Court CR. MISC. No.69188 of 2023(4) dt.19-03-2024 2/2 rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that the occurrence had taken place on 07.11.2021 and the F.I.R. was lodged on 11.05.2023, after delay of about one year six months, without giving proper explanation of delay, which creates serious doubt on the prosecution case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chousa P.S. Case No.127 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T