Pintu Singh @ Prabhakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67952 of 2021 Arising Out of PS. Case No.-435 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== PINTU SINGH @ PRABHAKAR SINGH Son of Bijay Singh R/o Village - Sapni, P.S.- Hasanganj, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar, Advocate For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363, 365 and 34 of the Indian Penal Code.

As per the prosecution case, the four accused persons assaulted and thereafter kidnapped the husband of the informant in their vehicle.

It is submitted by learned counsel for the petitioner that the husband of the informant returned and his statement was recorded under section 164 Cr.P.C. Further, there is case and counter case between the parties, the FIR which has been brought on record as Annexure-3 to the petition having been filed by the wife of the petitioner herein. It is further submitted

Patna High Court CR. MISC. No.67952 of 2021(3) dt.10-03-2022 2/2 that after investigation the police submitted final form/final report no. 212 of 2021 dated 24.10.2021 finding the case against the petitioner to be false, however by order dated 29.10.2021 the learned Chief Judicial Magistrate differing from the said final form has taken cognizance in the case. The petitioner is in custody since 29.8.2021 and has no criminal antecedent. Certified copy of the final form as also the order taking cognizance has been provided by the petitioner to the Court. The same is taken on record.

Having heard learned counsel for the petitioner and taking into consideration the materials on record together with the final form submitted in the case finding the allegations in the FIR filed against the petitioner to be false, the Court directs the petitioner to be enlarged on bail in connection with Sadar (Mufassil) P.S. Case no. 435 of 2021, bearing CIS no. 607 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Purnia.

(Partha Sarthy, J) Prakash/- U