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Patna High CourtCR. MISC./8656/2019bail granted

Sudin Pandit And ANR. v. The State Of Bihar

2019-07-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8656 of 2019 Arising Out of PS. Case No.-638 Year-2017 Thana- BARAHAT District- Banka ====================================================== 1.

Sudin Pandit And Anr. resident of village-Naripa, P.S-Rajoun,Distt.-Banka. 2.

Kanchan Pandit resident of village-Naripa, P.S-Rajoun,Distt.-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2019 Heard the parties.

Petitioners seek pre arrest bail in connection with Banka (Barahat) P.S. Case No. 638 of 2017 registered for the offence under Sections 363 and 34 of the Indian Penal Code. Accusation is that Shiv Narain Pandit husband of the informant was missing since 12 O'Clock on night of 30.09.2017. In spite of search no trace was found. The informant raised suspicion against the petitioners and one Rajendra Pandit having hands in the kidnapping of her husband due to old land dispute.

Learned counsel appearing on behalf of the petitioners submit that it would appear from the F.I.R. that mere due to land dispute informant had raised suspicion against the petitioner and

Patna High Court CR. MISC. No.8656 of 2019(5) dt.22-07-2019 2/2 one Rajendra Pandit having hands in kidnapping of her husband who was missing since 12O'clock in the night of 30.09.2017. In paragraph 116 of the case diary except suspicion nothing has been collected by the I.O. showing hands of the petitioners in the kidnapping of the husband of the informant. Both the petitioners have got no criminal antecedents. Looking to the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount is to the satisfaction of learned Chief Judicial Magistrate, Banka (Barahat) P.S. Case No. 638 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) Aks/- Rahul U