Dinesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62930 of 2024 Arising Out of PS. Case No.-537 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== Dinesh Pandit S/o Parikshan Pandit R/o Village- Ward No.01, Dighi, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

Sita Devi W/o Vijay Mahto R/o Village- Ward No.-01, Dighi, P.S.- Bathnaha, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar , Advocate For the Opposite Party/s :

Mr. Sharda Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard the parties.

2. Petitioner seeks regular bail in a case registered for the offences punishable under Sections 363/366(A)/34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

3 . As per the prosecution case, on 11.12.2023, minor daughter of informant had gone out of the village and in the meantime, all the F.I.R. named accused persons including this petitioner kidnapped her for the purpose of marriage .

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.62930 of 2024(2) dt.25-10-2024 2/3 due to petty dispute this false and concocted case has been lodged against this petitioner. He next submits that F.I.R. has been lodged after inordinate delay of 4 days. As a matter of fact, some dispute arose between daughter of informant and daughter of co-accused Anil Pandit and co-accused Raushan Pandit as a result of which, the daughter of informant fled away to Delhi. Victim was finally recovered and in her statement recorded under Section 164 Cr.P.C., she has not alleged anything wrong against this petitioner. Similarly situated co-accused persons have already granted bail by this Court vide order dated 30.08.2024 in Cr. Misc. No. 52377 of 2024 . Petitioner claims clean antecedent and he is in custody since 12.06.2024 . Chargesheet has already been submitted.

5 . Learned A.P.P. for the State opposed the bail application .

6. Considering the fact that similarly situated coaccused has already been granted bail by this Hon'ble Court and period of custody of petitioner, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge (POCSO), Sitamarhi in

Patna High Court CR. MISC. No.62930 of 2024(2) dt.25-10-2024 3/3 connection with Bathnaha P. S. Case No. 537 of 2023. (Prabhat Kumar Singh, J) Koushik/- U T