Shree Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65949 of 2022 Arising Out of PS. Case No.-30 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== Shree Prasad Mandal Son of Late Khakhi Mandal R/V- Kudivan, Ward No. 2, P.S- Laukahi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Laukahi P.S. Case No.30 of 2021 registered for the offence under Sections 363, 366 (A), 341, 323, 504 and 34 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 28.07.2022.

The allegation against the petitioner is to kidnap the minor daughter of informant aged about 15 years alongwith other co-accused persons/family members for the purpose of illicit intercourse.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.65949 of 2022(2) dt.13-03-2023 2/3 present case only being the brother of main co-accused namely Bhagwan Prasad Mandal. It is pointed out that victim girl was in love affairs with the brother of petitioner, who solemnized their marriage out of their own sweet will and living happily. A reliance was made upon Annexure No.2 of the main bail petition, which is the marriage registration certificate issued by the Marriage Registrar, Ghaziabad, Uttar Pradesh. It is submitted that victim supported the factum of marriage out of her own sweet will with petitioner in her statement recorded under Section 164 of the Cr.P.C. denying thereof any allegation of kidnapping. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, moreover investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and as implication is only being the brother of the main co-accused, where no incriminating stated by the victim while recording her statement under Section 164 of the Cr.P.C. against this petitioner coupled with the fact that charge-sheet has

Patna High Court CR. MISC. No.65949 of 2022(2) dt.13-03-2023 3/3 already been submitted, let above named petitioner is directed to be released on bail in connection with Laukahi P.S. Case No.30 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T