IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50901 of 2008 SURENDRA MANDAL Versus STATE OF BIHAR ----------- Cr.Misc. No.52763 of 2008 YASODA @ YASODA DEVI Versus STATE OF BIHAR ----------- In Cr.Misc. No.50901 of 2008 For the petitioner : Mr.Ashwani Kr. Singh, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. In Cr.Misc. No.52763 of 2008 For the petitioner : Mr. A.K.Thakur, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. -------- 4 10.4.2009 Cr.Misc. No. 50901 of 2008 and Cr.Misc. No. 52763 of 2008 have been taken up together as they arise out of the same Lakhisarai P.S. Case No. 351 of 2008 registered under section 364A IPC and having been heard together is being disposed of by this common order. Surendra Mandal, the petitioner of Cr.Misc. No. 50901 of 2008 allegedly is the driver of the Bolero Jeep bearing registration no. BR 53 – 3596 which was used in carrying the kidnapped boy to the place of hiding. Yasoda Devi petitioner of Cr.Misc. No. 52763 of 2008, is the mother of one Soni Kumari with whom kidnapped Mukesh Kumar was said to be in love. It is alleged that when the kidnapped boy along with Soni Kumari came to the residence of Yashoda Devi she not only slapped him but it was from her house that victim Mukesh Kumar was allegedly taken away. It appears that the allegation against the driver was that although he derived knowledge of the kidnapping he upon his return back to Lakhisarai - 2 - did not give information to the police regarding the alleged kidnapping. The allegation against Yasoda Devi as stated above is that she slapped the kidnapped Mukesh Kumar on being brought to her house from where he was taken away. Subsequently messages for ransom was received by using the mobile phone set of kidnapped Mukesh Kumar. The recipients of the messages were the daughter and nephew of the informant. It appears that the name of petitioner Yasoda Devi cropped up in the statement of co-accused Mahesh Sah @ Kala Nag, Surendra Mandal, Gopal Mandal, Anil Thakur as also other witnesses and Mahesh Sah @ Kala Nag is said to be one of the persons who had been seen taking away Mukesh in the Bolero vehicle. The victim boy has still not been recovered nor could any trace be found till now except the statement of one Anil Thakur that his dead body had been thrown in the river. However, there is no evidence regarding the murder or commission of offence under section 302 IPC nor has any charge been framed thereunder in the charge sheet that has been submitted in this case. Regard being had to the nature of evidence available against the two petitioners, let SURENDRA MANDAL, petitioner of Cr.Misc. No. 50901 of 2008, and YASODA @ YASODA DEVI, petitioner of Cr.Misc. No. 52763 of 2008, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Lakhisarai in connection with Lakhisarai P.S. Case No. 351 of 2008. Spd/- (Abhijit Sinha, J.)