Pawan Poddar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50182 of 2015 Arising Out of PS.Case No. -266 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================
1. Pawan Poddar
2. Raj Kumar Podar Both are sons of Mahendra Poddar resident of village - Chakbishwash, P.S. Dalsingsarai, District - Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Heard both sides.
The petitioners apprehend arrest in a case registered for the offences punishable under sections 363, 365, 466-A/34 of the Indian Penal Code.
The informant alleged that his wife had gone to B.Ed. College to bring admit card but she did not return. On enquiry the informant came to know that one Jyoti Nath Singh fled away with his wife and his wife is still traceless. It is submitted that there is absolutely no evidence against the petitioners. The petitioners are not named in the F.I.R. Name of petitioner no. 1 Pawan Poddar surfaced during the course of investigation only on the basis of the fact that he
Patna High Court Cr.Misc. No.50182 of 2015 (3) dt.14-12-2015 called the informant to enquire about the whereabouts of his wife. Save and except the fact of calling the informant, I.O. has not collected any material to show the involvement of the petitioners. Learned A.P.P. did not dispute the aforesaid fact. Considering the facts aforesaid, the petitioners above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged 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 the learned Additional Chief Judicial Magistrate, Dalsingsarai, District Samastipur in connection with Dalsingsarai P.S. Case No. 266 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.
(Prabhat Kumar Jha, J) Amin/- U