Dilip Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83563 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- NADI District- Supaul ====================================================== Dilip Kumar Mandal, S/O Ramchandra Prasad @ Ramu Mandal, Resident Of Village- Belhi, P.S.- Supaul Nadi, District- Supaul, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Jha Raman, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Supaul Nadi P.S. Case No. 05 of 2023, corresponding to POCSO Case No. 49 2023 for the offence registered under Sections 366 (A), 34 of the I.P.C.
3. Allegation against the petitioner is of kidnapping the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. There is delay of four days in lodging the FIR which itself creates doubt about the prosecution case. He further submits that the victim and petitioner were under love affair with each other. The victim in her statement stated that she
Patna High Court CR. MISC. No.83563 of 2023(2) dt.19-01-2024 2/2 herself had eloped with the petitioner and solemnized marriage with her own sweet will. Petitioner is in jail custody since 31.01.2023. Petitioner has no criminal antecedent. Charge-sheet has already been submitted and there is no chance of absconding of the petitioner and tampering with the evidence.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Supaul (Nadi) P.S. Case No. 05 of 2023.
(Sunil Dutta Mishra, J) khushbu/- U T