Arun Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50415 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -BARHARA District- BHOJPUR ====================================================== Arun Pandey, son of Late Sudheshwar Pandey, resident of village Naya Sabalpur, P.S. Barhara, District Bhojpur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Gopal Krishna For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in Barhara P.S. Case No.122/2017 registered under Section 341, 323, 379, 366 A/34 of the Indian Penal Code.

As per the prosecution case, accused Chhotu Pandey along with his two unknown associates kidnapped the minor daughter of the informant on the point of gun. Petitioner is said to have demanded Rs.2 lakhs as ransom in return of the victim. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case as he happens to be the father of the accused Chhotu Pandey. The victim in her statement under Section 164 Cr.P.C. has simply stated against the petitioner that he and his wife had uttered to make her their daughter-in-law.

Patna High Court Cr.Misc. No.50415 of 2017 (02) dt.18-10-2017 2/ 2 Petitioner happens to be a government employee and has been languishing in custody since 22.08.2017.

On the other hand, learned counsel for the informant has submitted that the petitioner being the father of the accused Chhotu Pandey was also instrumental in the kidnapping of the daughter of the informant, hence he does not deserve bail. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Barhara P.S. Case No.122/2017, G.R. No.1651/2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T