Pintu Pd @ Pintu Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64140 of 2021 Arising Out of PS. Case No.-191 Year-2017 Thana- PARWALPUR District- Nalanda ====================================================== PINTU PD @ PINTU PANDIT Son of Krish Prasad @ Krishna Pandit Resident of Village- Pillichh, P.S.- Parwalpur, District- Nalanda. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-05-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 02.09.2021, seeks regular bail in connection with Parwalpur P.S. Case No. 191 of 2017 registered for offences punishable under Sections 341, 323, 354(A), 354(B), 379, 504 and 506/34 of the Indian Penal Code.
Prosecution story in brief is that Shekhar Kumar and Balmiki Manjhi had outraged the modesty of the daughter of the informant. Specific allegation against the petitioner namely, Pintu Pd @ Pintu Pandit is that he had dragged the victim in
Patna High Court CR. MISC. No.64140 of 2021(2) dt.06-05-2022 2/3 exposed condition along with Balmiki Manjhi.
Learned counsel appearing on behalf of the petitioner submits that petitioner is neighbour and he has falsely been implicated in the present case. Direct allegation is against Shekhar Kumar and Balmiki Manjhi. A false allegation has been made against the petitioner that he had dragged the victim girl in exposed condition and assaulted her. Petitioner has clean antecedent and he is in custody since 02.09.2021. Co-accused Shekhar Kumar and Kaushalendra Kumar against whom there is direct allegation of outraging the modesty of the victim girl have already been released on bail by the learned Court below. Petitioner has a better case and he also deserves to be released on bail.
Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner. Considering the facts and circumstances of the case, without going into the merits of the case, taking into consideration the period of custody undergone by the petitioner, the Court below is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.64140 of 2021(2) dt.06-05-2022 3/3 Judicial Magistrate-1/Successor Court Hilsa (Nalanda) in connection with Parwalpur P.S. Case No. 191 of 2017 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(Purnendu Singh, J) Niraj/- U T