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Patna High CourtCR. MISC./3660/2024allowed

Santosh Kumar Mandal @ Santosh Mandal v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3660 of 2024 Arising Out of PS. Case No.-589 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Santosh Kumar Mandal @ Santosh Mandal Son of Sardho Mandal R/o vill - Tale Tola, Khutahari, P.S. - Kahalgaon, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 365, 504, 34 of the Indian Penal Code, Section 8 of the POCSO Act.

It is a case of commission of kidnapping of the minor grand-daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.3660 of 2024(2) dt.31-01-2024 2/3 been implicated in this case. For the alleged occurrence of 14.06.2023, F.I.R was registered on 23.05.2023 without explaining the delay. The petitioner and the victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she of her own good-will eloped with the petitioner and performed marriage with him. The petitioner is languishing in custody since 24.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VII-cum-Special Judge, POCSO,

Patna High Court CR. MISC. No.3660 of 2024(2) dt.31-01-2024 3/3 Bhagalpur in connection with Kahalgaon P.S. Case No. 589 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T