Bishun Pandit @ Bishnu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51260 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -GOVINDPUR District- NAWADA ====================================================== Bishun Pandit @ Bishnu Pandit S/o Ranjit Pandit R/o Village- Choti Pahari, P.S.-Agam Kuan, District-Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar Singh, Advocate For the Opposite Party : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in judicial custody since 08.04.2016 in connection with Sessions Trial No.495 of 2016/351 of 2016 arising out of Govindpur P.S.Case No.2 of 2016 for offence alleged under Sections 366 and 379 of the Indian Penal Code.

The prosecution case is that the petitioner came to the informant's house for his daughter's Rukhsati. The informant's daughter stated that the petitioner was her Jaut and, as such, was sent to her matrimonial house along with the petitioner, but she did not reach her matrimonial house.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.51260 of 2016 (2) dt.01-12-2016 2/2 petitioner that he is innocent and has falsely been implicated in the aforesaid case. He further submits that the victim Sunita Devi out of her own will went with the petitioner and is major as assessed by the Magistrate and the Medical Board. He further submits that chargesheet has already been submitted, hence, there is no chance of tampering with the prosecution witnesses.

However, learned APP for the State submits that the petitioner is named in the FIR, hence, opposes the prayer for bail. Be that as it may, since the chargesheet has already been submitted and that the victim girl went with the petitioner out of her own sweet will, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Assistant Sessions Judge-II, Nawada in connection with Sessions Trial No.495 of 2016/351 of 2016 arising out of Govindpur P.S.Case No.2 of 2016.

(Nilu Agrawal, J) B.Kr./- U T