Krishna Nandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84895 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Krishna Nandan Mandal, Son of Mahendra Mandal 2.

Urmila Devi, Wife of Krishna Nandan Mandal 3.

Alka Devi, Daughter of Krishna Nandan Mandal All Resident of Dangraha, P.S.-Majorganj, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Dubey For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Majorganj P.S. Case No.24 of 2019 registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that there is no specific allegation against these petitioners.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.84895 of 2019(2) dt.20-12-2019 2/3 Considering the facts and circumstances of the case wherein the submission of learned counsel for the petitioners is that these petitioners have been made accused only because they are family members of the co-accused Bablu Mandal who has solemnized marriage with the daughter of the informant, the daughter of the informant is adult which will be evident from her date of birth being 01.02.

1998 shown in Adhar-card enclosed as Annexure-3 to the present application and further submission that the victim girl has herself sworn an affidavit in the court of learned Additional Chief Judicial Magistrate, Sitamarhi saying that she has not been kidnapped or abducted and that she has married with said Bablu Mandal, these petitioners being the family members of said Bablu Mandal, let the petitioners in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Sitamarhi in connection with Majorganj P.S. Case No.24 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when

Patna High Court CR. MISC. No.84895 of 2019(2) dt.20-12-2019 3/3 required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T