Patna High CourtCR. MISC./51497/2015bail granted

Zila Pandit v. The State Of Bihar

2016-01-08Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51497 of 2015 ======================================================

1. Zila Pandit S/o Upendra Pandit Resident of village - Shahpur BARAT Jalalpur, P.S. Patori ( Mohanpur OP ), Distt. - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Patori (Mohanpur) P.S. Case No. 231 of 2015 registered for the offences punishable under Sections 365, 366A, 120B, 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioner and others kidnapped Jaya Kumari, the minor daughter of the informant. During investigation the victim girl appeared and her statement was recorded under Section 164 Cr.P.C. wherein, she has named the petitioner and others, but has not stated regarding any sexual assault committed against her.

Submission is that co-accused Mina Devi, Upendra

Patna High Court Cr.Misc. No.51497 of 2015 (2) dt.08-01-2016 2/2 Pandit and Durga Kumari have already been allowed pre-arrest bail vide order dated 30.09.2015 passed in Cri. Misc. No. 39729 of 2015 by another co-ordinate Bench of this Court and the petitioner is suffering in custody since 24.06.2015, having no criminal antecedent.

The learned A.P.P. fairly submits that the victim has not alleged regarding any sexual assault.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Samastipur arising out of Patori (Mohanpur) P.S. Case No. 231 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T