Rakesh Kumar Pandey @ Rakesh Pandey @ Salona Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56218 of 2019 Arising Out of PS. Case No.-98 Year-2017 Thana- CHHATAUNI District- East Champaran ====================================================== RAKESH KUMAR PANDEY @ RAKESH PANDEY @ SALONA PANDEY, aged about 50 years, Male, Son of Sri Hari Shankar Pandey, Resident of Village- Mathiya Zirat, Police Station- Chhatauni, District- East Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Madhurendra Kumar, Adv.

For the Opposite Party :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Chhatauni P.S. Case No. 98 of 2017 for the offences alleged under Sections 363, 366A and 34 of the Indian Penal Code. The accusation is that petitioner had called the minor daughter of informant, Alam Ansari, at his house in a function, but, she did not return to her house. Informant raised suspicion that her daughter has been kidnapped by friend of Abhishek Pandey under his conspiracy.

Learned counsel appearing for the petitioner submits that in fact daughter of informant left the house with Shahnawaz Hussain, but, later on she was recovered from Motihari Railway Station. More over, the informant, after knowing the real fact

Patna High Court CR. MISC. No.56218 of 2019(2) dt.04-09-2019 2/2 filed the compromise petition in the Court of the Chief Judicial Magistrate, East Champaran at Motihari, on 30.03.2019. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chhatauni P.S. Case No. 98 of 2017 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T