Bihari Pandit @ Bihari Parit And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64456 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- PATAHI District- East Champaran ====================================================== 1.
Bihari Pandit @ Bihari Parit, Son of Nagina Pandit. 2.
Tetar Devi, Wife of Bihari Pandit @ Bihari Parit, Both are resident of Village- Mohammadi, Police Station- Patahi, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Tondon For the Opposite Party/s :
Mr.Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Patahi P.S. Case No. 113 of 2018, registered under Sections 365, 367 and 120(B) of the Indian Penal Code.
The accusation is that both petitioners, who are husband and wife, approached to the complainant, Indu Devi, to take her son, Ram Laddu Kumar, aged about 16 years, at Mumbai saying that they will take her son at Mumbai for doing domestic work and they will also get admission of her son in school and in lieu of domestic work, Rs.3,500/- per month would be given. Thereafter, complainant, Indu Devi, handed over her son, Ram Laddu Kumar to the petitioners and they accompanied her son at Mumbai but on the occasion of Chat
Patna High Court CR. MISC. No.64456 of 2018(11) dt.20-11-2019 2/2 festival, while both petitioners came but her son Ram Laddu Kumr, was not with them. When she made query about her son then they replied that due to some work her son will come at Holi festival. In spite of much persuasion, petitioners did not give any satisfactory reply nor gave mobile number her son.
Learned counsel for the petitioners submits that, in fact, after some time, Ram Laddu Kumar, son of the complainantinformant, returned to his house and thereafter, complainantinformant has filed an application on 31.05.2019 in the court of Additional Chief Judicial Magistrate-VIII, Motihari, East Champaran to compromise the case and also stated in the said application that her son left the house according to own sweet will. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) six with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Patahi P.S. Case No. 113 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Bhardwaj/- (Rajendra Kumar Mishra, J) U T