Patna High CourtCR. MISC./54663/2016bail granted

Bittu Pandey v. The State Of Bihar

2017-01-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54663 of 2016 Arising Out of PS.Case No. -552 Year- 2016 Thana -BHABUA District- BHABHUA (KAIMUR) ====================================================== Bittu Pandey Son of Birendra Pandey Resident of Village- Baheri, P.S. Bhabua, District- Kaimur at Bhabua.

.... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Bhabua P.S. Case No. 552 of 2016 registered under Section-366A of the Indian Penal Code.

The statement of victim was recorded u/S 164 of the Cr.P.C. in which, she stated that the petitioner and co-accused, Manish facilitated her exit from her school giving false information to guard of the concerned school and, thereafter, she along with others went to Bhabua, where the petitioner got down from the vehicle and after that, the victim along with co-accused, Abhishek went to Lucknow and Delhi. The victim stated that neither Abhishek nor any other accused committed any wrong

Patna High Court Cr.Misc. No.54663 of 2016 (2) dt.09-01-2017 2/2 with her.

Submission on behalf of petitioner is that the victim was in love with co-accused Abhishek and she eloped with coaccused Abhishek but being friend of the Abhishek, the petitioner has been roped in this case.

Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhabua P.S. Case No. 552 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua subject to conditions as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T