Ramnath Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67676 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.
RAMNATH MANDAL S/O LATE TEJO MANDAL R/O VILLAGEJONIYA NARAGRAH, WRONGLY STATED AS JONIYA NAGAR IN THE FIR, P.S-NAUGACHIA, DISTRICT-BHAGALPUR 2.
SUMAN KUMAR S/O RAMNATH MANDAL R/O VILLAGE-JONIYA NARAGRAH, WRONGLY STATED AS JONIYA NAGAR IN THE FIR, P.S-NAUGACHIA, DISTRICT-BHAGALPUR 3.
GALLI DEVI @ ANITA DEVI W/O RAMNATH MANDAL R/O VILLAGE-JONIYA NARAGRAH, WRONGLY STATED AS JONIYA NAGAR IN THE FIR, P.S-NAUGACHIA, DISTRICT-BHAGALPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar No.6 For the Opposite Party/s :
Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Sanokhar P.S. Case No. 72 of 2023, corresponding to POCSO Case No. 55 of 2023 registered for the offences punishable under Sections 366 (A), 504/34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. As per allegation, the informant along with his wife had gone in a feast. When he returned from feast, her daughter namely Sweeti Kumar, aged 16 years, was missing. He started search and came to know that co-accused Amar Kumar used to come at co-accused Gunjan Kumar and he enticed and kidnapped
Patna High Court CR. MISC. No.67676 of 2023(2) dt.18-10-2023 2/2 the daughter of the informant for marriage. The informant went to the house of co-accused Amar Kumar to ask about his daughter but their family members (petitioners) started abusing and fighting with him.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. They are the persons of clean antecedents. The reason for their false implication is that they are father, brother and mother of co-accused Amar Kumar against whom there is allegation of kidnapping of the minor daughter of the informant.
5. Considering the above-mentioned facts and circumstances, especially the clean antecedent, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special POCSO Court, Bhagalpur in connection with Sanokhar P.S. Case No. 72 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) Nirmal/Kundan U T