Pinaki Mandal @ Pinaki Kumari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64420 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- BARARI District- Katihar ====================================================== 1.

PINAKI MANDAL @ PINAKI KUMARI MANDAL, aged about 21 years, Male, Son of Jai Prakash Mandal, Resident of Village- Sujapur, Pipra Tola, P.S.- Barari, District- Katihar 2.

Sidhu Kumar Mandal @ Siddu Kumar Mandal, aged about 22 years, Male, Son of Jai Prakash Mandal, Resident of Village- Sujapur, Pipra Tola, P.S.- Barari, District- Katihar 3.

Amit Kumar, aged about 18 years, Male, Son of Jai Prakash Mandal, Resident of Village- Sujapur, Pipra Tola, P.S.- Barari, District- Katihar 4.

Jai Prakash Mandal, aged about 48 years, Male, Son of Late Sukhru Mandal, Resident of Village- Sujapur, Pipra Tola, P.S.- Barari, District- Katihar 5.

Ramu Mandal, aged about 55 years, Male, Son of Late Sukhru Mandal, Resident of Village- Sujapur, Pipra Tola, P.S.- Barari, District- Katihar. 6.

Shyama Devi @ Samro Devi @ Shobha Devi, aged about 45 years, Female, W/o Jai Prakash Mandal Resident of Village- Sujapur, Pipra Tola, P.S.- Barari, District- Katihar ... Petitioners

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Bimal Kumar, Adv.

For the Opposite Party :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with barari P.S. Case No. 153 of 2019 for offence under Section 366A/34 of the Indian Penal Code, pending in the Court of the Additional Chief Judicial Magistrate, V, Katihar. The accusation is of kidnapping of daughter of the informant by Pinaki Mandal with the help of petitioners 2 to 6.

Patna High Court CR. MISC. No.64420 of 2019(2) dt.24-10-2019 2/2 Submission is that in fact, daughter of the informant left her parental house on her own sweet will with petitioner no. 1, Pinaki Mandal, and performed the marriage in the temple, which has been detailed by the victim in her statement recorded under Section 164 of the Criminal Procedure Code on 22.07.2019, which would appear from Annexure 2. Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Barari P.S. Case No. 153 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, V, Katihar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T