Santosh Pandey @ Burha Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18358 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -BARHARA District- BHOJPUR ======================================================

1. Santosh Pandey @ Burha Pandey son of Sri Kant Pandey

2. Vinit Singh Son of Vijay Shankar Singh Both Resident of villagePirparpati, PS Barahara,District Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Uday Sinha For the informant : Mr. Manoj Kumar For the State : Mrs. Sahin Begum, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-07-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State assisted by the informant.

The petitioners are apprehending their arrest in Barahara (Krishnagarh) P.S. Case No.165 of 2015 for the offences under Sections 302, 201/34, 120(B) of the I.P.C. and 3(2)(v) of the S.C. and S.T. (Prevention of Atrocities )Act. Learned counsel for the petitioners submits that save and except suspicion there is no material on record to establish the allegation against the petitioners. It is further submitted that initially there was no allegation against the petitioners rather the case was lodged against unknown persons. Subsequently in 3rd

Patna High Court Cr.Misc. No.18358 of 2016 (4) dt.01-07-2016 2/2 statement made by the informant another story has been propounded regarding illicit relation between the son of the informant and the sister of one co-accused Rahul Singh and he was actually seen along with the present petitioner. The case diary in the present case which was called for has since been received.

Learned counsel for the State after perusal of the case diary has stated that there is no further cogent material on record so as to indicate that these petitioners were in fact involved in this crime.

Considering the aforesaid facts and circumstances and the nature of allegations and the materials available in the case diary, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara, in Barahara P.S. Case No.165 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T