Patna High CourtCR. MISC./254/2016bail granted

Mithlesh Pandey @ Mithilesh Kumar Pandey And ANR v. The State Of Bihar

2016-01-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.254 of 2016 Arising Out of PS.Case No. -305 Year- 2015 Thana -BARHARA District- BHOJPUR ======================================================

1. Mithlesh Pandey @ Mithilesh Kumar Pandey S/o Late Bindhyachal Pandey

2. Hirawati Devi W/o Mithlesh Pandey .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhanesh Shankar Vidyarthi, Advocate For the Opposite Party/s : Mr. Pushpa Sinha 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366/363/120B/34 of the Indian Penal Code.

The prosecution case is that on 30.09.2015, co-accused Mohan Pandey abducted the daughter of the informant. It is further alleged that the petitioners being the parents of co-accused Mohan Pandey were part of the conspiracy.

It is submitted by learned counsel for the petitioners that petitioners are old person. For the occurrence of 30.09.2015 at 04.00 a.m., the FIR was registered on 04.10.2015 at 15.00 p.m. and the thrust of accusation is against co-accused Mohan

Patna High Court Cr.Misc. No.254 of 2016 (2) dt.06-01-2016 2/2 Pandey, who is also traceless till date.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Barahra P.S. Case No.305/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners will be accepted on filing of the affidavit by the petitioners before the learned court below to the effect that they will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioners will give liberty to the learned court below to cancel the bail bonds of the petitioners.

(Dinesh Kumar Singh, J) Ashwini/- U T