Balindra Pandit @Bilendra Padit Andors. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3354 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -DAUDPUR District- SARAN ======================================================

1. Balindra Pandit @ Bilendra Padit, Son of Shree Sikandar Pandit,

2. Sheshnath Pandit, S/o Shree Sikandar Pandit,

3. Sikandar Pandit, S/o Late Bhoj Pandit,

4. Kamalawati Devi, W/o Shree Sikandar Pandit, All residents of village - Birti, P.O. - Banpura (Dharapalee), P.S. - Sisawan, District - Siwan.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Girish Pandey, Advocate. For the Opposite Party : Mr. P.N.Pandit(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehended their arrest in connection with Daudapur P.S. Case No. 26/2015 registered for the offence punishable under Section 366 of the Indian Penal Code.

The case diary was called for, which has been received.

Learned counsel for the petitioners submits that the allegations against these petitioners are completely false and improbable. The victim girl has been married to one Narin Pandit way back in the year 2005. It has also come in record that she was

in the habit of escaping from her husband and going to live in her maternal home. The allegation against these petitioners is that they have kidnapped her for the purposes of marriage. Learned counsel appearing on behalf of the State, after perusal of the case diary submits that no cogent material has emerged against these petitioners, so as to rope them in the manner that has been stated by the complainant and the witnesses have stated that the entire case against the petitioners are false and motivated.

Considering the nature of the allegation against the petitioners and that there is no cogent material in the case diary and also that there is no criminal antecedent against these petitioners, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 Sri Mahendra Prasad Yadav, Judicial Magistrate 1st Class, Chapra in connection with Daudapur P.S. Case No. 26/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Amit/- U T