Bishan Mandal @ Bibhishan Mandal And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46035 of 2018 Arising Out of PS.Case No. -2531 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE District- BHAGALPUR ======================================================
1. Bishan Mandal @ Bibhishan Mandal,
2. Ganesh Mandal,
3. Ashok Mandal, All are sons of Narayan Mandal, All residents of Village- Kulkuliya, P.S.- Ghogha, District- Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Jaldhar Mandal, S/o Late Garbhu Mandal, R/o Village- Kulkulia, P.S.- Ghogha, District- Bhagalpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Smt. Pravina Kumari, Advocate For the State : Mr. Ram Sevak Choudhary, APP For the complainant : Mr. Ajay Kumar Jha, Advocate Mr. Chandrashekhar Sharma, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-08-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State as well as the learned counsel appearing for the complainant. Petitioner nos.1 and 2 are in custody since 16.03.2018 and petitioner no.3 is in custody since 03.06.2018 in connection with Complaint Case No.2531 of 2015 registered for the offences under Section 365 of the Indian Penal Code.
Learned counsel for the petitioners submits that the entire case is false and fabricated and subsequent to the
Patna High Court Cr.Misc. No.46035 of 2018 (2) dt.28-08-2018 2/2 present case, a case under Section 498A of the I.P.C. has also been filed by the side of the present petitioners. It is further submitted that it a case of love affair between the girl and the boy, for which the entire family is involved. Learned counsel for the complainant has stiffly opposed the prayer for bail and submitted that since the boy is traceless, the petitioner may not be granted the privilege of bail.
In view of the fact that petitioner nos.1 and 2 have already been in custody since 16.03.2018 and petitioner no.3 since 03.06.2018, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Kumar Pankaj, J.M. 1st Class, Bhagalpur, in connection with Complaint Case No.2531 of 2015. It is further directed that the petitioners shall cooperate before the court below at all material times. (Anjana Mishra, J) PNM U T