Pankaj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62066 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- BARARI District- Katihar ====================================================== Pankaj Kumar Mandal, aged about 21 years, Son of Balli Mandal @ Baliram Mandal, Resident of Village - Chandan Nagar, P.S.- Barari (Semapur), Distt - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Barari (Semapur) P.S. Case No.140 of 2019 registered under sections 363, 366 (A)/34 of the IPC.

The allegation against the petitioner is that the petitioner kidnapped the daughter of the informant aged about 13 years.

Mr. Bhola Prasad, learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as there was love affair between the petitioner and victim girl. Learned counsel referring to Annexure-2, which is the statement of the victim girl recorded

Patna High Court CR. MISC. No.62066 of 2019(2) dt.18-10-2019 2/2 under Section 164 Cr.P.C submits that from perusal of the same it would apparent that the victim girl has voluntarily performed marriage with the petitioner due to love affair. Having regard to the submissions made by the parties and taking into consideration the statement of victim girl recorded under Section 164 of Cr.P.C, in which victim girl has not stated anything against the petitioner, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Katihar in connection with Barari (Semapur) P.S. Case No. 140 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U