Chandan Mandal @ Chandan Kumar Mandal v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61939 of 2017 Arising Out of PS.Case No. -238 Year- 2017 Thana -JHAJHA District- JAMUI ====================================================== Chandan Mandal @ Chandan Kumar Mandal, son of Sri Jageshwar Mandal @ Sri Yugal Mandal, resident of Village- Benibak, P.S.- Jhajha, DistrictJamui. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ketani Devi, W/o Late Prasadi Mandal, resident of Rajipura, P.S.- Jhajha, District- Jamui.
3. Manju Kumari, D/o Late Prasadi Mandal, resident of Village- Rajipura, P.S.- Jhajha, District- Jamui.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prakash Mahto, Advocate. For the Opposite Party/s : Smt. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jhajha P.S. Case No. 238 of 2017 instituted for the offence under Section 366 of the Indian Penal Code.
The informant has alleged in the written report that her daughter aged about 18 years went to get training for tailoring on 10.8.2017 and she did not return in the evening. The informant made search and learnt that her daughter was seen with this petitioner going towards Jhajha.
The statement of victim girl has been recorded under Section 164 Cr. P.C. wherein she has stated that she has gone with
Patna High Court Cr.Misc. No.61939 of 2017 (3) dt.19-01-2018 2/3 this petitioner by train to Delhi and other places. She has stated her age in the statement under Section 164 Cr. P.C. to be 17 years and Court has also assessed her age as 17 years. From the statement of the victim girl recorded under Section 164 Cr. P.C., it appears that she has gone with Chandan Mandal @ Chandan Kumar Mandal (petitioner) with her own consent.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Jhajha P.S. Case No. 238 of 2017, he shall be released on anticipatory bail 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, Jamui, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the
Patna High Court Cr.Misc. No.61939 of 2017 (3) dt.19-01-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T