Arun Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.52364 of 2018 (3) dt.01-11-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52364 of 2018 Arising Out of PS.Case No. -302 Year- 2017 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Arun Mandal S/o Late Gena Mandal, R/o Vill.- Agadda, P.S.- Goradih, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-11-2018 The petitioner seeks regular bail in connection with Jagdishpur (Goradih) P.S. Case No. 302 of 2017, registered for offences punishable under Sections 366A and 34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the daughter of the informant.

It has been submitted on behalf of the petitioner that in this case statement of girl under Section 164 Cr.P.C. has been recorded, which shows that there was love affair between the girl and the petitioner and she went with the petitioner out of her own sweet will and further there is no allegation of any other overt act against the petitioner and he has been in judicial custody since 14.08.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.52364 of 2018 (3) dt.01-11-2018 Having heard both sides, considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Additional Session Judge, Bhagalpur, in connection with Jagdishpur (Goradih) P.S. Case No. 302 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail (Vinod Kumar Sinha, J) sunil/- U T