Bigan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2555 of 2021 Arising Out of PS. Case No.-320 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

BIGAN PANDIT Son of Late Paltaj Pandit @ Paltan Pandit 2.

Sagar Pandit @ Ram Sagar Pandit Son of Late Paltaj Pandit @ Paltan Pandit Both Resident of Village-Bahadurpur, Ward No.-14, P.S.-Govindganj, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No. III, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-03-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A, 34 of the Indian Penal Code.

The informant alleged that Rahul Kumar with the help of other accused persons including the petitioners kidnapped his minor daughter. When the informant's wife inquired about her daughter from the family members of Rahul, they abused her and assaulted her. It is further alleged that the accused persons kidnapped his minor daughter for wrong works. It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case.

Patna High Court CR. MISC. No.2555 of 2021(2) dt.16-03-2021 2/3 It is further submitted that petitioners, who are old persons, have been made accused in this case simply because they are maternal uncle of Rahul Kumar and, in fact, there is love affair between the victim girl and Rahul Kumar. Similarly placed coaccused person has already been granted bail by a co-ordinate Bench of this Court, as contained in Annexure 3. Petitioners have no criminal antecedent and they are in custody since 26.09.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Govindganj (Areraj OP) P.S. Case No. 320 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.2555 of 2021(2) dt.16-03-2021 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T