Vijay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69109 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== VIJAY MANDAL Son of Mahendra Mandal Resident of Village - Dangraha, P.S.- Majorganj, Distt.- Sitamarhi ... Petitioner

Versus

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

For the Petitioner :

Mr.Uday Kumar, Advocate For the Opposite Party :

Mr.Dr.M Kr.Gautam, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner is an accused in a case registered for offence under sections 363, 366A/34 of the Indian Penal Code. The informant alleges that when his daughter Rupa Kumari did not return to the house after morning walk, he started search and in the meantime he got information that coaccused Babloo Mandal and other accused persons including the petitioner were seen going on Tempo with his daughter which created suspicion that the accused persons kidnapped her to marry with Babloo Mandal.

It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case on suspicion. It is further submitted that the petitioner is uncle of said Babloo Mandal who solemnized marriage with Rupa Kumari. Save and except, there is nothing against him to connect with the offence. The victim herself has sworn an affidavit in the Court below to the effect that she has solemnized marriage with the said Babloo Mandal and now they are living a married life. Petitioner is in custody since 22.5.2019. Similarly situated co-accused Krishna

Patna High Court CR. MISC. No.69109 of 2019(3) dt.29-01-2020 2/2 Nandan Mandal, Urmila Devi and Alka Devi have already been allowed bail by a bench of this Court vide order dated 20.12.2019, passed in Cr.Mis.No. 84895/2019.

In view of the aforesaid submissions, let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate I Sitamarhi in Majorganj Police Station Case No. 24 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T