Rahul Pandey @ Rahal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59071 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

RAHUL PANDEY @ RAHAL PANDEY Son of Daroga Pandey Resident of Village - Gambhirpur, P.S.- Noutan, Distt - Siwan. 2.

Vakil Pandey Son of Daroga Pandey Resident of Village - Gambhirpur, P.S.- Noutan, Distt - Siwan.

3.

Pinki Devi @ Pinki Bade D/o Daroga Pandey Resident of Village - Gambhirpur, P.S.- Noutan, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Mirganj P.S.Case No.111 of 2019 dated 15.5.2019, registered for offences punishable under Sections 366 , 380 and 120(B)/34 of the Indian Penal Code.

As er the FIR, there is allegation against the petitioners of kidnapping the wife of the informant along with the other accused persons.

Submission of the learned counsel for the petitioners is that her statement was recorded under Section 164 Cr.P.C., in which she has not supported the prosecution case of the

Patna High Court CR. MISC. No.59071 of 2019(4) dt.27-11-2019 2/2 kidnapping rather it appears that she had gone on her own sweet-will, which appears from para no.82 of the case diary . Heard learned A.P.P. , who could not controvert the above facts. .

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM XVI, Gopalganj in connection with Mirganj P.S.Case No.111 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T