Ajay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30571 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== AJAY PANDEY S/O PANKAJ PANDEY R/o village- Nandudih, P.S.- Nasarganj, Satgawan, District- Kodarma (Jharkhand), At present residing at Village- Kahuara, P.S.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Deepika Sharma, Advocate Mr. Zaki Haider, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel appearing for the petitioner and Shri Ashok Kumar, learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Nardiganj P.S. Case No. 17 of 2021 for the offence punishable under Sections 363, 366(A)/34 of the Indian Penal Code. The allegation is regarding the petitioner having kidnapped the victim girl.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 02.02.2021. The learned counsel for the petitioner has referred to the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate to submit that she has categorically stated that the petitioner had

Patna High Court CR. MISC. No.30571 of 2021(2) dt.09-12-2021 2/2 not engaged in commission of any misdeed qua her and moreover she had gone with the petitioner voluntarily without any pressure whereafter she had returned back to her home. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail upon him furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Nawada in connection with Nardiganj P.S. Case No. 17 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T