Dhaneshwar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65509 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- SINGHIYA District- Samastipur ====================================================== DHANESHWAR PANDIT Son of Vindeshwar Pandit @ Bindeshwar Pandit Resident of Village-Pate Belahi, P.S-Singhiya, P.O-Singhiya, DistrictSamastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha, Adv For the State :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code.

According to FIR, the informant saw that four person including the petitioner on the point of pistol, kidnapped to his minor sister at about 2.00 P.M. on 12.02.2019. Even after seeing the actual occurrence of kidnapping, the informant lodged the FIR on 23.02.2019 i.e. after ten days of the occurrence. The Supervising Authority has found allegation against co-accused-Shiv Kumar and Raj Kishore Sharma as not participant of the occurrence as reported by the witnesses. Chargesheet has already been submitted against the petitioner and the investigation is pending against those accused. The

Patna High Court CR. MISC. No.65509 of 2019(4) dt.13-12-2019 2/2 report of the S.P. of the district in the matter of reason for nonrecovery of the victim just shows steps taken by the I.O. in this regard which is not satisfactory.

Submission is that the matter is of love affairs and the victim has eloped with co-accused-Birendra Sharma. However, in a planned manner, the petitioner has been implicated in this case. Petitioner is in custody since 29.06.2019. Investigation of the case against the petitioner is already complete.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Singhiya Police Station Case No.22 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T