Naresh Pandit And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.37404 of 2016 (3) dt.18-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37404 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -KAKO District- JEHANABAD ====================================================== Naresh Pandit & Ors .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Fakhruddin Ali Ahmad For the Opposite Party/s Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 18.11.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with a case registered under section 307 and other minor sections of the Indian Penal Code.

After some argument, learned counsel for the petitioners seeks permission for withdrawal of the prayer of petitioner no.1 (Naresh Pandit), petitioner no.2 ( Ranjay Pandit) and petitioner no.3 (Santosh Pandit). The prayer is allowed and accordingly, their prayer for anticipatory bail stands dismissed as withdrawn.

So far as petitioner no.4, Basanti Devi is concerned, learned counsel for the petitioner submits that there is only allegation of snatching of belongings of the informant' wife against this petitioner which appears to be super addition and the aforesaid allegation has been found untrue by the

Patna High Court Cr.Misc. No.37404 of 2016 (3) dt.18-11-2016 investigating agency in course of investigation. Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let petitioner no.4, Basanti Devi, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Kako P.S. Case no. 77/2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

It is also made clear that withdrawal of this petition of prayer of petitioner nos.1, 2 and 3 will not affect the merit of their case at the time of consideration of their regular bail application.

shahid (Hemant Kumar Srivastava,J) U T