Kishan Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26992 of 2018 Arising Out of PS. Case No.-286 Year-2017 Thana- GOVINDGANJ District- East Champaran ====================================================== Kishan Pandey, son of Late Pappu Pandey, Resident of Village-Lauriya, P.S. Gobindganj, District-Eest Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2018 Heard Sri Abhishek Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 12.03.2018 in Govindganj ( Areraj) P.S. Case No. 286 of 2017 registered for the offence under Section 363, 366A, 34 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that of course, in the F.I.R. , the informant had made allegation as if the petitioner and his other family members were involved in enticing the minor daughter of the informant, but after recovery of the victim, her statement under Section 164 of the Code of Criminal Procedure was recorded. Learned counsel for the petitioner has drawn my attention to Annexure-2 to the
Patna High Court Cr.Misc. No.26992 of 2018(2) dt.04-05-2018 2/2 petition i.e. photo copy of the statement of the victim Pooja Kumari recorded under Section 164 of the Code of Criminal procedure . Learned counsel for the petitioner submits that on perusal of the statement of the victim, it is evident that it was not at all a case of enticing the victim, rather due to loss of her mental balance, the victim had crossed the border and visited Nepal.
On perusal of statement of the victim, which has also been noticed by the court below, there is no reason to further detain the petitioner. Accordingly, let the petitioner, namely,Kishan Pandey be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Govindganj ( Areraj) P.S. Case No.286 of 2017. (Rakesh Kumar, J) nawalkrs/- U T