Mithilesh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51843 of 2023 Arising Out of PS. Case No.-664 Year-2022 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.
Mithilesh Pandey Son of Late Shivmangal Pandey, Resident of village - Adarsh Nagar, Kanagarh, Police Station - Chuchura, Distt. - Hugali (West Bengal) 2.
Bimlesh Pandey @ Vimlesh Pandey Son of Late Shivmangal Pandey, Resident of village - Adarsh Nagar, Kanagarh, Police Station - Chuchura, Distt. - Hugali (West Bengal) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vaishali Pandey W/o Mithilesh Pandey At present residing at C/o Guddi Devi W/o Sanjay Pandey of village - Balua (Nargada), P.S. - Krishnagarh, Distt. - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-08-2023 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Complaint Case No. 664(C) of 2022 registered on 19.05.2022 for the offences punishable under Sections 341, 323, 379, 452, 504 and 506/34 of the Indian Penal Code.
3. According to the prosecution, the present case is the result of complaint case in which it has been alleged that the petitioners entered in the house with deadly weapons and fired on the complainant, but it was missed, thereafter they have
Patna High Court CR. MISC. No.51843 of 2023(2) dt.19-08-2023 2/3 snatched golden chain amounting Rs.50,000/- and earring amounting Rs.20,000/-. Allegation of threatening is also there.
4. Learned counsel for the petitioners submits that the complainant of the complaint case is the wife of petitioner No.1. Counsel further submits that prior to filing the present case, the petitioner has also filed case under Section 498A of I.P.C. and Section 3/4 of Dowry Prohibition Act, in which conviction of three and half years and fine of Rs.10,000/- were imposed upon the petitioners and subsequently the present criminal case has been filed. Counsel further submits that petitioners are residing at Hugali, West Bengal whereas complainant is residing in village Nargada district Bhojpur. Counsel further submits that this case has been filed only with a view to create undue pressure upon the petitioners.
5. Learned APP for the State opposes the prayer for bail.
6. In the aforesaid facts and circumstances, let the above-named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.51843 of 2023(2) dt.19-08-2023 3/3 Magistrate, Bhojpur at Ara in connection with Complaint Case No. 664(C) of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) ravishankar/- U T