Santosh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73394 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== SANTOSH MANDAL Son of Ram Ekbal Resident of Village- Bhittha, P.S.- Pupri, District- Sitamarhi (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 504, 363, 366(A)/34 of the Indian Penal Code. The prosecution case, in short, is that on 21.5.2022, due to land dispute the agnates of the informant assaulted her by means of lathi-danda, thereafter, she went for her treatment. When she returned her house, she came to know that her minor daughter, aged about 15 years, was abducted by the accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a dispute in respect of land going on between the parties due to which the petitioner has falsely been implicated in the present

Patna High Court CR. MISC. No.73394 of 2022(2) dt.20-03-2023 2/2 case. From perusal of impugned order, it is evident that the statement of victim recorded under section 164 of Cr.P.C. did not support the prosecution version, only on the basis of minority of the victim girl, this bail petition has been rejected by learned Court below. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 20.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pupari P.S. Case No. 167 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi. (Sunil Kumar Panwar, J) Amandeep/- U T