Ravindra Kumar Mandal @ Ravindra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64290 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- KHIRHAR DistrictMadhubani ====================================================== Ravindra Kumar Mandal @ Ravindra Mandal Son of Laxman Mandal, Resident of Village- Sonai, Police Station- Khirhar, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailendra Kumar Jha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 363, 366(A)/34 of the Indian Penal Code registered in connection with Khirhar P.S. Case No. 16 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged kidnapping of the informant's cousin sister. It is submitted that the so-called victim girl has since been recovered and in her deposition under Section 164 Cr. P.C. she has named one Gopal Mandal and one unknown person who are said to have taken to her Kolkatta. It is submitted that the petitioner has not been named in the said deposition. The said Gopal Mandal has been granted anticipatory bail by this Court on 20.12.2018 in Cr. Misc. No. 51942 of 2018 and it could appear from the relevant anticipatory bail order that is a case of love affair between the victim and Gopal Mandal. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.64290 of 2018(3) dt.04-01-2019 2/2 the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Munsif-cum-Judicial Magistrate Ist Class, Benipatti, District- Madhubani in connection with Khirhar P.S. Case No. 16 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/BT U U