Pintu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66498 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- MANSAHI DistrictKatihar ====================================================== 1.

PINTU PANDIT S/o- Narayan Pandit R/o- Koshi Bandh, Dilarpur, P.S.- Manihari, District- Katihar.

2.

Motilal Pandit S/o- Narayan Pandit R/o- Koshi Bandh, Dilarpur, P.S.- Manihari, District- Katihar.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Party:

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 452, 379, 354(B)/34 of the Indian Penal Code registered in connection with Mansahi P.S. Case No. 75 of 2019.

3. It is submitted that the petitioners have been falsely implicated as they happen to be own brothers of Putul Devi, the first wife of Dablu Kumar Pandit, against whom she had lodged Mansahi P.S. Case No. 80 of 2019 under Section 498(A) I.P.C. and allied provisions. Thereafter, the said Dablu Kumar Pandit solemnized second marriage with the present informant and it is at his instance the present F.I.R. has been lodged. It is submitted that the entire prosecution story is concocted one with the sole intention of harassing the petitioners who claim clean antecedents.

Patna High Court CR. MISC. No.66498 of 2019(2) dt.07-11-2019 2/2

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Mansahi P.S. Case No. 75 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U