Jiwachh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8733 of 2018 Arising Out of PS.Case No. -27 Year- 2014 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Jiwachh Mandal, son of Ram Prakash Mandal @ Pragas Mandal, resident of Village- Dullipatti, P.S. Jainagar, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jaynagar PS case no. 27 of 2014 registered for the offences punishable under Sections 363, 366(A) of Indian Penal Code.

The case of the prosecution is that the petitioner is said to have taken the victim girl along with him to his house and when the parents of the victim girl went to the house of the petitioner, he refused to send the girl with her parents. However subsequently, after intervention of the police, the victim girl was sent to her parent's house.

Patna High Court Cr.Misc. No.8733 of 2018 (4) dt.03-04-2018 2/2 The learned counsel for the petitioner, referring to the statement of the victim girl recorded under Section 164 of Code of Criminal Procedure, submits that it is apparent that the girl and the petitioner herein were having close acquaintance and the petitioner had not indulged in any untoward incident, as far as the victim girl is concerned. The petitioner is said to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Madhubani in connection with Jaynagar PS case no. 27 of 2014 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T