Surendra Pandit @ Suresh Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36307 of 2016 Arising Out of PS.Case No. -221 Year- 2012 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== SURENDRA PANDIT @ SURESH PANDIT Son of Late Ganaur Pandit R/o Village- Susta, P.S.- Sadar, District- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Vinay Ranjan For the Opposite Party : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 302, 201 and 34 of the Indian Penal Code. The prosecution story, in brief, is that the petitioner after kidnapping the minor daughter of the informant solemnized marriage with her and for that a case has been instituted against him. It is further alleged that after marriage, one daughter was born from their wedlock. Thereafter the petitioner used to threaten the informant to withdraw the aforesaid case otherwise the daughter of the informant and grand daughter of the informant would be killed. It is further alleged that on 16.08.2012 at about 4.00 P.M. the informant received secret information that her
Patna High Court Cr.Misc. No.36307 of 2016 (4) dt.25-10-2016 2/3 daughter i.e. wife of the petitioner and her grand daughter has been killed by the in-laws of the daughter of the informant. Thereafter she along with others went at in-laws house of the daughter, where she got information that after torturing, her daughter and her grand daughter were killed by the petitioner and his family members.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.04.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case, only for the reason that he happens to be husband of the deceased. A witness has been examined in para-21 of the case diary. The said witness is an eyewitness to the alleged occurrence. It has been stated that the deceased committed suicide by getting herself and her daughter hit by the moving train. The charge sheet has been filed for the offence under section 306 of the Indian Penal Code. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court Cr.Misc. No.36307 of 2016 (4) dt.25-10-2016 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 221 of 2012.
(Sudhir Singh, J.) Amit/- U T