Patna High CourtCR. MISC./16452/2019bail granted

Shivnath Pandit v. The State Of Bihar

2019-04-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16452 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- BAUSI District- Araria ====================================================== SHIVNATH PANDIT, aged about 65 years, (M) S/o Late Janardan Pandit Resident of Village- Garha Ward No. 8, P.S. and District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 363, 365, 366A, 120 (B) and 34 of the Indian Penal Code.

Informant who is the father of the victim girl has alleged that petitioner along with co-accused persons abducted and kidnapped her daughter with an intention to marry her. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Allegation against petitioner is false and concocted. Petitioner is an old man aged about 65 years. Incident is of 16.11.2018 and whereas FIR has been instituted on 25.11.2018 after a delay of 10 days for which there is no proper explanation. He is in custody since 12.01.2019.

Patna High Court CR. MISC. No.16452 of 2019(2) dt.04-04-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bousi P.S. Case No. 153 of 2018 with following condition:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U