Niraj Kumar @ Niraj Mandal @ Niraj Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8511 of 2018 Arising Out of PS.Case No. -403 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================
1. Niraj Kumar @ Niraj Mandal @ Niraj Kumar Mandal S/o Gauri Shankar Mandal, R/o Village- Nasopur, P.S.- Sultanganj, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.
The petitioner is full-brother of co-accused Dhiraj Kumar. The FIR relates to kidnapping of the daughter of the informant.
The victim in her statement before the police under Section 161 Cr.P.C. stated that she had love affairs with Dhiraj and she has eloped with Dhiraj. However, after recovery, in the statement under Section 164 Cr.P.C., she stated that all the three brothers have forcefully taken her away. Considering the conflicting statement of the
Patna High Court Cr.Misc. No.8511 of 2018 (2) dt.13-02-2018 2/2 victim, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sultanganj Police Station Case No. 403 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T