Shatrudhan Pandey @ Shatrughan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1638 of 2022 Arising Out of PS. Case No.-21 Year-2020 Thana- SATHI District- West Champaran ====================================================== 1.

SHATRUDHAN PANDEY @ SHATRUGHAN PANDEY Son of Late Anurudh Pandey @ Anirudh Pandey Resident of Village- Dhaminaha, Police Station- Sathi, District- West Champaran.

2.

Shikha Kumari D/o Dilip Kumar Pandey Resident of Village- Dhaminaha, Police Station- Sathi, District- West Champaran. 3.

Juhi Devi @ Juhi Kumari Daughter of Dilip Kumar Pandey, W/o Deepak Mishra Resident of Village- Dhaminaha, Police Station- Sathi, District- West Champaran.

4.

Shailesh Pandey @ Shailesh Kumar Pandey S/o Kashinath Pandey Resident of Village- Dhaminaha, Police Station- Sathi, District- West Champaran. 5.

Mamta Kumari D/o Shailesh Pandey Resident of Village- Dhaminaha, Police Station- Sathi, District- West Champaran. 6.

Nidhi Kumari D/o Dinesh Pandey Resident of Village- Dhaminaha, Police Station- Sathi, District- West Champaran.

7.

Dipak Mishra Son of Jitendra Mishra Resident of Village- Dhaminaha, Police Station- Sathi, District- West Champaran. 8.

Bittu Mishra Son of Jitendra Mishra Resident of Village- Dhaminaha, Police Station- Sathi, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Patna High Court CR. MISC. No.1638 of 2022(2) dt.24-03-2022 2/3 The petitioners are apprehending their arrest in a case registered under Sections 363, 365, 372, 120(B), 506 of the Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act.

Allegation is that the petitioners had taken away the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded, in which she has stated that she had left the house out of her own will. The police had submitted final form against the petitioners after investigation. The court below has differed with the said police report and has taken cognizance in the matter. Hence the present application has been preferred.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks

Patna High Court CR. MISC. No.1638 of 2022(2) dt.24-03-2022 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge 7th-cum-Special Judge (POCSO), Bettiah, District West Champaran in connection with Sathi P.S. case No.21 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T