Kishori Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58265 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Kishori Pandit S/o Nathuni Pandit R/o Village- Sareya Mishrain Tola, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make correction in the prayer portion.

3. The petitioner seeks bail in a case registered for the offence punishable under Sections 137(2), 96, 3(5) of the B.N.S..

4. The allegation in the first information report is that the informant's daughter was kidnapped by the petitioner and one co-accused Laddu Kumar.

5. Learned counsel for the petitioner submits that it would be apparent from the first information report itself that it was actually the petitioner who had informed the informant on the following date i.e. 20.01.2025 that his daughter had been

Patna High Court CR. MISC. No.58265 of 2025(3) dt.05-12-2025 2/3 taken away by co-accused Laddu Kumar. The only mistake of the petitioner was that he aided in the same as he was asked to take the victim girl to Bettiah on motorcycle. It has further been submitted that there was a delay of two days in lodging of the first information report as the same was lodged on 21.01.2025 despite the fact that the petitioner had already informed the informant that it was Laddu Kumar, who had taken away his daughter. The petitioner is in custody since 22.01.2025 and the present stage of the case is that the case has been committed for trial.

6. Learned APP for the State opposed the grant of bail on the ground that the victim has yet not been recovered, however, in response of the same it has been submitted that the petitioner is not responsible for kidnapping of the victim girl and he undertakes to cooperate with investigating agency in order to get the victim girl recovered.

7. In such view of the matter and upon such consideration of the facts and circumstances of the case, it would be expedient that the petitioner be released on provisional bail for three months, 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 Additional

Patna High Court CR. MISC. No.58265 of 2025(3) dt.05-12-2025 3/3 District and Sessions Judge IV, East Champaran, Motihari/concerned Court below in connection with Paharpur P.S. Case No. 33 of 2025 subject to condition that:- (i) One of the bailors will be the father of the petitioner.

(ii) The petitioner would fully co-operate with the investigating agency in order to get the victim girl recovered and the Superintendent of Police, East Champaran, Motihari, is also directed to take all steps towards recovery of the victim girl and also seek help of the petitioner in recovering her. (iii) However, learned Court concerned, if, is satisfied with the fact that the petitioner has co-operated with the investigating agency in the purpose of recovery of the victim girl, the provisional bail granted to the petitioner would stand confirmed.

8. Let a copy of this order be communicated to the Superintendent of Police, East Champaran, Motihari for its compliance forthwith.

(Soni Shrivastava, J) anand/- U T