Sharwan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74955 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== 1.

Sharwan Pandit, Son of Nandu Pandit Resident of Village- Koniya, P.S.- Kusheshwar Asthan, Distt - Darbhanga.

2.

Janki Devi, Wife of Sharwan Pandit Resident of Village - Koniya, P.S.- Kusheshwar Asthan, Distt - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Nath Jha For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Bithan P.S. Case No. 42 of 2019, registered under Sections 363, 366(A) of the Indian Penal Code.

The accusation is that daughter of informant aged about 16 years, had gone to her maternal uncle's house in village-Banbhoura, where, on 07.06.2019, in the evening, she moved to attend call of nature, but, she did not return. Thereafter, search was made, but no trace was found. It is alleged that, earlier, on 26.05.2019, the daughter of informant was kidnapped by Shankar Pandit, Gayatri Kumari, Sharwan Pandit (Petitioner No.1) and Janki Devi (Petitioner No.2) regarding which Kusheshwar Asthan P.S. Case No. 132 of 2019, under Section 363 and 366(A)/34 of the Indian Penal

Patna High Court CR. MISC. No.74955 of 2019(3) dt.19-03-2020 2/2 Code was instituted in which his daughter was recovered, but at the time of recording her statement, in Court, threatening was given to the effect that his daughter will be again kidnapped.

Learned counsel for the petitioners submits that, in fact, both the petitioners are father and mother of Shankar Pandit, who left the village along with daughter of informant due to love affairs, but only to put undue pressure, whole family members have been implicated in this case. Further submission is that both the petitioners are in custody since 12.07.2019 and on investigation, the Chargesheet has already been submitted by the Police.

Having regard to the facts and the circumstances of the case, the petitioners, above named, is directed to be released on 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 learned S.D.J.M, Rosera in connection with Bithan P.S. Case No. 42 of 2019.

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