Mahendra Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62134 of 2017 Arising Out of PS.Case No. -431 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Mahendra Mandal S/o Late Gultan Mandal

2. Shanti Devi W/o Mahendra Mandal

3. Babloo Mandal @ Babloo Kumar S/o Mahendra Mandal

4. Upendra Mandal S/o Late Gultan Mandal

5. Anil Mandal @ Anil Kumar S/o Upendra Mandal

6. Nirmala Devi W/o Babloo Mandal @ Babloo Kumar All are residents of village - Shyam Nagar, P.S. Narpatganj (Bathnaha), District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Narpatganj (Bathnaha O.P.) P.S. Case No. 431 of 2017 registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.

Allegedly, Kavita Kumari, the minor daughter of the informant became traceless and it was learnt that Pintu Mandal has kidnapped her with the help of these petitioners. Submission is of false allegation that statement of the victim girl has been recorded under Section 164 Cr.P.C. on

Patna High Court Cr.Misc. No.62134 of 2017 (2) dt.29-01-2018 2/2 13.12.2017, the certified copy of which is being filed herewith and from her statement it reveals that she was not kidnapped rather she went away with Pintu Kumar out of her own sweet will and performed marriage with Pintu Kumar. She has stated her age 20 years and the learned Magistrate has recorded her age as 19 years. Certified copy of the statement of the victim girl is taken on record.

Learned APP in view of the statement of the victim girl does not oppose the prayer of pre-arrest bail of the petitioners. In view of the above facts and circumstances stated above, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Narpatganj (Bathnaha O.P.) P.S. Case No. 431 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) khushbu/- U T