Deepak Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15647 of 2018 Arising Out of PS. Case No.-224 Year-2017 Thana- SOHSARAI District- Nalanda ====================================================== Deepak Pandit, S/o Late Yugal Pandit, Resident of Village- Torokhar, P.S.- Giriyak, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Meena Rani For the Opposite Party/s :

Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Sohsarai P. S. Case No. 224 of 2017 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Informant is the father of the victim who in his written complaint has stated that on 9.10.2017 while his daughter Sandhya was returning from school at about 3 P.M. petitioner and other accused abducted her on a four wheeler in order to get her married with petitioner. The girl was recovered by police. On 25.10.2017 her statement was recorded under Section 164 of the Code of Criminal Procedure in which she has stated that petitioner had took her on his scooter while she was returning from school and had gone to Rajgir and from Rajgir they came

Patna High Court Cr.Misc. No.15647 of 2018(3) dt.12-04-2018 2/2 to Patna and thereafter went to Delhi and she returned with petitioner on 23.10.2017 and went to Biharsharif from Patna and thereafter went to police station and thereafter her statement under Section 164 Cr. P.C. was recorded. There is contradiction between the statement of her father and the statement of the victim girl made under Section 164 Cr. P.C. There is no allegation of sexual assault against petitioner, who is also a student. Petitioner has been falsely implicated in this case because of enmity. The victim has also refused for medical examination. Petitioner has no criminal antecedent and is in judicial custody since 30.10.2017.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif, in connection with Sohsarai P.S. Case no. 224 of 2017.

(S. Kumar, J) sudip/- U T