Patna High CourtCR. MISC./53323/2023bail granted

Sahdev Pandit v. The State Of Bihar

2023-12-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53323 of 2023 Arising Out of PS. Case No.-341 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== SAHDEV PANDIT Son of Shree Shivaji Pandit Resident of village - Najru Bigha, P.s. - Makhdumpur, (Tehta OP), Distt. - Jehanabad, Bihar Pin 804427 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Advocate Mrs. Deeksha Singh, Advocate Mr.Amit Anand, Advocate Mr. Deep Shekhar, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Makhdumpur (Tehta OP) P.S. Case No. 341 of 2021 dated 13.09.2021 registered for the offences punishable u/ss 363, 366A, 376, 376(3) and 420 of the Indian Penal Code and u/ss 4, 6, 8 and 10 of the POCSO Act.

3. As per the prosecution case, the co-accused Raja Kumar is alleged to have kidnapped the minor daughter of the informant by luring her for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There

Patna High Court CR. MISC. No.53323 of 2023(3) dt.07-12-2023 2/2 is general and omnibus allegation against the petitioner. The specific allegation of kidnapping is against the co-accused Raja Kumar. It is further submitted that the petitioner is made accused in this case only because he is the father of the co-accused Raja Kumar. The petitioner has one criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Jehanabad in connection with Makhdumpur (Tehta OP) P.S. Case No. 341 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T