Bharat Pandit And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.186 of 2017 (5) dt.19-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.186 of 2017 Arising Out of PS.Case No. -349 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Bharat Pandit Son of Siyaram Pandit

2. Punam Devi Wife of Bharat Pandit Both residents of South Hajipur, Police Station Chitragupta Nagar, District Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Viveka Nand Singh, Adv. For the Opposite Party/s : Smt. Meena Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Khagaria (Muffasil) Police Station Case No. 349 of 2016, disclosing offences under Sections 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted the petitioners happen to be the parents of co-accused Anand Kumar @ Golu Kumar, who is said to have kidnapped the sister of the informant Soni Devi, are innocent and have not committed any offence. In fact, the victim is a major and a married woman and she lives in her matrimonial home with her husband and in-laws. These petitioners have no concern with the

Patna High Court Cr.Misc. No.186 of 2017 (5) dt.19-06-2017 alleged occurrence and mere on the basis of suspicion, they have been made accused in this case. Moreover, the co-accused Anand Kumar @ Golu Kumar, aged about 15 1⁄2 years, is a minor son of the petitioners, which is evident from supplementary affidavit filed on behalf of the petitioners. Hence, the petitioners deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Additional Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Muffasil) Police Station Case No. 349 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T