Shivbalak Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43335 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Shivbalak Pandit Son of Kapu Pandit, R/o Village- Khemaipatti, P.S.- Minapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The Petitioner seeks regular bail in connection with Minapur P.S. Case No. 168 of 2017 for offences alleged under Sections 364A/120(B)/34 of the Indian Penal Code. The prosecution case, as lodged by the informant is that his ten year old son Bablu Kumar was traceless from the house. It is alleged that one Abhishek Kumar Srivastava kidnapped his minor son.

It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that his name surfaced only on the confessional statement of co-accused Abhishek Kumar Srivastava, who had concealed the son of the informant in the petitioner house. Apart from that there is no other allegation against the petitioner and that charge-sheet has already been

Patna High Court Cr.Misc. No.43335 of 2017 (3) dt.13-11-2017 2/2 submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the victim minor boy has been recovered from the house of the petitioner and his complicity is there in kidnapping of the victim boy.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 168 of 2017, subject to the following conditions1. One of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner

2. Petitioner will appear before the learned court below during trial 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) khushbu/- U T