Gunjan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85850 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== 1.

Gunjan Mandal, Son of Ambika Mandal, Resident of Village - Khairpur, P.S.- Kharik, Distt.- Bhagalpur.

2.

Nrip Nandan Mahto @ Nipnandan Mahto @ Nrip Nandan Mandal, Son of Ambika Mandal, Resident of Village - Khairpur, P.S.- Kharik, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey For the Opposite Party/s :

Mr. Nawal Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Kharik P.S. Case No.187 of 2019, registered for the offence punishable under Section 366A/34 of the Indian Penal Code. The allegation against the petitioners as per the first information report is that the informant on 03.08.2019 at about 1A.M. in the night found that his daughter Ruman Kumari, aged about 17 years is not in her room. It has further been alleged that the informant inquired about the whereabouts of his daughter and came to know that the co-villager, Bambam Mandal, has abducted his daughter with oblique motive.

Patna High Court CR. MISC. No.85850 of 2019(2) dt.24-02-2020 2/3 Mr. Rajesh Kumar Pandey, learned counsel submits that the petitioners have falsely been implicated in this case merely on the basis of the fact that the informant has alleged that when the informant went to the house of Bambam Mandal, he was abused by the family members of Bambam Mandal including the petitioners. Learned counsel referring to Annexure-2 annexed with the supplementary affidavit submits that the statement of the victim girl under Section 164 Cr.P.C. was recorded and in her statement, she has categorically stated that she has performed marriage with Bambam Mandal on her freewill about six months back and she has not stated anything else against these petitioners.

After having heard learned counsel for the parties and taking into consideration the fact that the victim girl in her statement under Section 164 Cr.P.C. has not stated anything against the petitioners, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.85850 of 2019(2) dt.24-02-2020 3/3 each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Naugachia, District-Bhagalpur, in connection with Kharik P.S. Case No.187 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T