Pintu Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18435 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- SATHI District- West Champaran ====================================================== PINTU PATEL SON OF SURENDRA PATEL R/O VILL.- SOMGARH, P.S.- SATHI, DIST.- WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18505 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- SATHI District- West Champaran ====================================================== SURESH GUPTA @ SURESH PRASAD GUPTA SON OF RAJENDRA GUPTA R/O VILLAGE- SOMGARH, P.S.- SATHI, DISTRICT- WEST CHAMPARAN.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53408 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- SATHI District- West Champaran ====================================================== BIKRAM PATEL @ VIKRAMA PATEL SON OF LATE BALCHAN PATEL RESIDENT OF VILLAGE- SOMGADH, P.S- SATHI, DIST- WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 18435 of 2021) For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr. Bhanu Pratap Singh (In CRIMINAL MISCELLANEOUS No. 18505 of 2021) For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Bhanu Pratap Singh (In CRIMINAL MISCELLANEOUS No. 53408 of 2021) For the Petitioner/s :
Mr.Ashok Kumar Gupta For the Opposite Party/s :
Mr.Arun Kumar Singh
2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-03-2022 Learned counsels for the petitioners are directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsels for the petitioners and learned APP for the State.
The petitioners apprehend their arrest for the offences alleged under Sections 341, 342, 323, 379, 365, 504 and 34 of the Indian Penal Code, registered in connection with Sathi P.S. Case No. 11 of 2020.
As per allegation, the informant and his friend Tahir Hussain were going to Bettiah from Narkatiaganj by their bike. Meanwhile, the accused persons, including the present petitioners, intercepted and assaulted them. They also, after kidnapping, brought them to the community centre and the accused persons, including the present petitioners, levelled allegation against the informant and his friend that they have kidnapped the orchestra girl from the orchestra run by the accused persons. It has further been mentioned that when the police came to the rescue of the informant and Tahir Hussain, the accused persons also manhandled the police personnel.
3/4 The learned counsels for the petitioners have submitted that the FIR itself shows that both the parties run orchestra and some disputes arose between them regarding the girl performing services in orchestra and it was the reason that the petitioners have been implicated. The learned counsels have submitted further that the informant and his friend were brought to the communicty centre and not to the lonely place which shows that it was not a case of kidnapping. It has also been submitted that for the same occurrence, another case has also been lodged being Sathi P.S.Case No. 12 of 2020, in which the petitioners are on bail.
Considering the above facts and circumstances of the case, let the petitioners above-named, in the event of their arrest or surrender before court below within four weeks from the date of communication of this order, shall 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 learned ACJM III, Bettiah, West Champaran in connection with Sathi P.S.Case No. 11 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove,
4/4 failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) HR/- U T