Pankaj Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34980 of 2016 Arising Out of PS.Case No. -48 Year- 2015 Thana -NAUTAN District- SIWAN ====================================================== Pankaj Tiwary, son of Narendra Tiwary, Resident of Village- Barai Patti P.S- Nautan, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate Mr. Kundan Kumar, Advocate For the Opposite Party/s : Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Nautan P.S. Case No. 48/15 for offences alleged under Sections 363, 366-A/34 of the Indian Penal Code.

Allegation is that petitioner along with coaccused kidnapped the sister of the informant, aged about 17 years, while she was going to a coaching center. It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case as accomplice to one Arvind Tiwary, who has been alleged by the informant to have taken away his 17 year old sister. He submits that no specific allegation against the petitioner

Patna High Court Cr.Misc. No.34980 of 2016 (2) dt.07-09-2016 2/2 has been made and it is only against one Arvind Tiwary and that the petitioner has no criminal history, as is evident from paragraph 3 of this petition.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 Chief Judicial Magistrate, Siwan, in connection with Nautan P.S. Case No. 48/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.

It is however, made clear that the petitioner will cooperate with the investigation and appear before the police/ court as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Rajesh/- U T