Chhotu Mandal @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69998 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== Chhotu Mandal @ Chhotu Kumar son of Ravindra Mandal village- Bhaluaha, Ps- Kanhauli, Dist- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ramvriksh Mandal Son of Late Mandev Mandal village- Bhaluaha, Pskanhauli, Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Kanhauli P.S. Case No. 55 of 2023 for the offence under Sections 363 and 366A of the I.P.C.
3. As per the prosecution story, the informant has alleged that on 01.03.2023 his daughter had gone to buy some grocery items. When she did not return home till late night, then he started searching in the locality. Thereafter, he came to know that the petitioner along with the other co-accused persons has kidnapped his daughter for the purpose of marriage. Later on, father of the petitioner - Ravindra Mandal gave assurance to the
Patna High Court CR. MISC. No.69998 of 2024(4) dt.24-03-2025 2/3 informant that he would marry his son with his daughter. It is further alleged that after a period of one month, he denied for the said marriage and also abused the informant.
4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence as alleged in the F.I.R. and he has falsely been implicated in this case. The daughter of the informant being major and mature girl left her house out of her sweet will without any kind of allurement at the end of the petitioner. Both the parties are neighbour and belong to the same community. The informant's daughter and the petitioner are adolescent and their relationship was good. In the aforesaid background the informant took initiative for negotiation of her daughter's marriage to the petitioner.
5. Learned APP opposes the prayer for bail.
6. During course of investigation, the victim girl has made a statement under Section 161 and 164 of Cr.P.C. in which she has supported the allegation levelled in the F.I.R. against the petitioner. The age of the victim girl has been assessed by the concerned Magistrate as 17 years which reflects that she is minor. Investigation is still going on. Keeping in view the aforesaid facts, this Court is not inclined to extend him the
Patna High Court CR. MISC. No.69998 of 2024(4) dt.24-03-2025 3/3 privilege of anticipatory bail.
7. Accordingly, the anticipatory bail application of the petitioner stands rejected.
8. The petitioner is directed to surrender before the learned Court below and pray for regular bail. The same may be considered by the Court below, on its own merit, without being prejudiced by the order of this Court.
(S. B. Pd. Singh, J) Ankit Kumar/- U T