Krishna Kumar Mandal @Kishan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1900 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== KRISHNA KUMAR MANDAL @KISHAN KUMAR MANDAL S/O JAWAHAR MANDAL R/v- Balha, Purohittol (Purhit Tol), Ward No. 10, P.S.- Raj Nagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 366(A), 120(B) of the IPC and section 8 of the POCSO Act.

Allegation against the petitioner is that he enticed and taken away the daughter of the informant with intention to marry her.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the statement of the victim was

Patna High Court CR. MISC. No.1900 of 2023(2) dt.17-03-2023 2/2 recorded u/s 164 Cr.P.C., in which, she has stated that she left with the petitioner on her own free will and that she is in love with the petitioner. She further stated that she has solemnized marriage with the petitioner in Banglore in a temple. The medical report shows that she was carrying pregnancy of five weeks and one days. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the statement of the victim u/s 164 Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Raj Nagar P.S. Case No.79/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.