Bidhyanand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73932 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== Bidhyanand Mandal Son Of Batan Mandal Resident Of Village - Bado Fatproa. Police Station - Alamnagar, District - Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Alamnagar P.S Case No. 215 of 2022 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code and later on added Sections 376/504/506 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per the prosecution case, when the informant get up in the morning, she was not found her daughter. Then, she came to know from the people nearby that her daughter was being taken on motorcycle

Patna High Court CR. MISC. No.73932 of 2023(3) dt.21-02-2024 2/3 by the petitioner. The informant also went to the house of accused person but they did not find at their house. Informant suspects that the accused persons have kidnapped her daughter with intention for marrying her.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the petitioner has been implicated by the informant on the basis of suspicion. He next submits that both parties have compromised this case. He next submits that the statement of the daughter of the informant recorded under Section 164 of the Cr.P.C., no specific allegation against the petitioner. He also submitted that petitioner is in judicial custody since 11.05.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering that both parties have compromised this case before the trial Court, I am inclined to grant bail to the petitioner. Accordingly, let

Patna High Court CR. MISC. No.73932 of 2023(3) dt.21-02-2024 3/3 the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Fist Class, Udakishunganj, Madhepura in connection with Alamnagar P.S Case No. 215 of 2022.

(Ramesh Chand Malviya, J) Guddu/- U T