Hridya Narayan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12738 of 2016 Arising Out of PS.Case No. -809 Year- 2015 Thana -PHULWARI District- PATNA ====================================================== Hridya Narayan Pandey, Son of Late Deoki Pandey. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Arvind Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-03-2016 Power is filed on behalf of the informant.

Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366 of the Indian Penal Code.

According to prosecution case itself, prior to institution of this case, the victim was allegedly kidnapped by coaccused, Rajesh Kumar Pandey and others for which a criminal case was lodged but it was petitioner who brought the victim before Mahila Help Line and thereafter victim was handed over to informant after recording her statement under Section 164 of the Cr.P.C. Furthermore, it is stated that petitioner and other accused

Patna High Court Cr.Misc. No.12738 of 2016 (2) dt.28-03-2016 2/2 were making pressure upon the informant for withdrawal of above stated criminal case and when informant refused to buckle upon the aforesaid pressure, petitioner and his associates again kidnapped the victim.

Learned counsel appearing for the petitioner submits that as a matter of fact, victim was in love with Rajesh Kumar Pandey and she eloped with the aforesaid co-accused, Rajesh Kumar Pandey. It is further submitted that petitioner being father of co-accused, Rajesh Kumar Pandey has been roped in this case. Learned counsel appearing for the informant opposed the prayer submitting that petitioner and his associates committed the alleged crime and, therefore, petitioner does not deserve the privilege of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Miss Shema Eram, Judicial Magistrate 1st Class, Patna in connection with Phulwarisharif P.S. Case No. 809 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T