Ravindra Baitha v. The State Of Bihar

Patna High Court Cr.Misc. No.1134 of 2016 (2) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1134 of 2016 Arising Out of PS.Case No. -563 Year- 2006 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Ravindra Baitha Son of Ram Pravesh Baitha Resident of village - Rampur Parori, P.S. Sitamarhi, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.01.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

It would appear from perusal of the impugned order that after investigation, police submitted charge sheet only against two accused persons and kept investigation pending against the petitioner and others but the learned Magistrate took cognizance against all the accused persons including the petitioner and committed the case to the court of sessions.

Moreover, victim has been examined in Sessions Trial no. 287/2008 in which she specifically stated that she solemnized her marriage with co-accused Sikandar Baitha by her own sweet will and the entire allegation of kidnapping against the petitioner and others is totally false.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.1134 of 2016 (2) dt.13-01-2016 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge III, Sitamarhi in Sessions trial no. 349/2011 arising out of Sitamarhi P.S. Case no. 563/2006.

shahid (Hemant Kumar Srivastava,J) U T