Jitendra Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20866 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -RAJAULI District- NAWADA ======================================================

1. Jitendra Pandit

2. Dhanik Pandit

3. Dharmendra Pandit, All sons of Mahendra Pandit, All resident of villageGondapur, P.S.- Nawada, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21483 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -RAJAULI District- NAWADA ======================================================

1. Chunnu Pandit Son of Rajendra Pandit Resident of Village : - Kharidi Bigha Gondapur Nawada, P.S. : - Nawada, District : - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

(In Cr.Misc. No.20866 of 2016) For the Petitioner/s : Mr. Ramesh Singh, Adv. For the Opposite Party/s : Ms. Anita Kumari (App) (In Cr.Misc. No.21483 of 2016) For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Ms. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2016 Heard both sides.

The petitioners apprehend their arrest in Rajauli P.S. Case No. 24/2016, registered for the offences punishable under Sections 363, 365, 370 of the Indian Penal Code. The informant alleged that Sunil Kumar and his relative

Patna High Court Cr.Misc. No.20866 of 2016 (3) dt.21-07-2016 2/2 Chunnu Pandit kidnapped his sister when his sister had gone to pluck flowers.

It is submitted that there is no eye-witness of the occurrence. During course of investigation it appears that witnesses have cast only suspicion that petitioners kidnapped the sister of the informant. Petitioners are the relatives and family member of Sunil Pandit. They have no manner of concern with the family affair of Sunil Pandit. Rekha Devi sister of Sunil Pandit has already been granted anticipatory bail.

Considering the facts aforesaid and the fact that save and except suspicion there is no tangible material collected against the petitioners to show the involvement in kidnapping of the victim, 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, are directed to 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 the Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 24/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T