Lalit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5209 of 2025 Arising Out of PS. Case No.-25 Year-2024 Thana- MADHWAPUR District- Madhubani ====================================================== 1.

Lalit Mandal S/o- Shankar Mandal Village- Aura PS- Madhwapur DistrictMadhubani Bihar 2.

Feku Mandal S/o- Shankar Mandal Village- Aura PS- Madhwapur DistrictMadhubani Bihar ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Kuldeep Thakur Mr. Abhishek Kumar Pandey Mr. Pulkit Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Madhwapur P.S. Case No. 25/2024 dated 09.03.2024 registered for the offence punishable u/s 363 and 366 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There was love affair between the victim and the co-accused, Dilip Mandal. As per Letter No. 90, the age

Patna High Court CR. MISC. No.5209 of 2025(3) dt.30-04-2025 2/2 of the victim is assessed as 18 years and the victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she has solemnized marriage with the co-accused, Dilip Mandal and has not stated the name of the petitioners. The petitioners are made accused in this case only because they are brother of the coaccused, Dilip Mandal. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 05.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Benipatti, Madhubani in connection with Madhwapur P.S. Case No. 25/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T