Allowed

Rajendra Pandey and Ors. v. The State Of Bihar

Patna HC15 May 2014CR. MISC./9517/2014

Case brief

AI extract

What is this about?

The High Court directed the release of three petitioners on bail in a pending criminal case. The court noted that the alleged victim voluntarily married one petitioner and is pregnant, finding no grounds to oppose bail, subject to specific conditions regarding attendance and no new arrests.

What did the court decide?

Directed release of petitioners on bail on surrender within four weeks for Rs. 10,000/- each with two sureties, subject to attendance and other conditions.

Rajendra Pandey and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.9517 of 2014

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====================================================== 1. Rajendra Pandey 2. Chandra Shekhar Pandey Both Are Sons Of Late Banka Pandey 3. Sapna Devi W/O Rajendra Pandey All Are Resident Of Village- Brit Belwa, Police Station- Kuchaikote, District- Gopalganj .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Dwivedi, Adv. For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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3 15-05-2014 Heard learned counsel for the petitioners. No one appears for the State.

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Pursuant to the earlier order of this Court dated 19.4.2014, learned counsel for the petitioners has produced both Ranjeet Pandey, son of petitioner nos. 1 & 3 and Sarita Kumari, the alleged victim girl.

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This Court has interrogated both Sarita Kumari and Ranjeet Pandey and they have stated that since they had liking for each other and as also they were adult, they have also married. Ranjeet Pandey, on a query made by this Court as about his occupation, has also stated that he is a Crane Operator, working with a Contractor at Raigarh in the State of Chhattisgarh and is capable of supporting his wife Sarita Kumari by way of his

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Patna High Court Cr.Misc. No.9517 of 2014 (3) dt.15-05-2014

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monthly income being Rs. 14,000/- per month approximately.

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Sarita Kumari, on the other hand, has also stated before this Court that not only she had voluntarily married Ranjeet Pandey after being refused by her parents to enter into such marriage but, in fact, as of now, she is also carrying pregnancy of five months. She has also stated before this Court that she is 21 years of age.

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Considering all these aspects, this Court will have no difficulty in directing for release of the petitioners, namely, Rajendra Pandey, Chandra Shekhar Pandey and Sapna Devi on bail in the event they would surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S. Case No. 262 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to the following three conditions;

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(i) The two bail bonds will be furnished by a close family relative.

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(ii) The petitioners will remain present in course of trial on each and every day and their absence even for two consecutive days would automatically entail the consequences of cancellation

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Patna High Court Cr.Misc. No.9517 of 2014 (3) dt.15-05-2014

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of their bail.

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(iii) The petitioners in case are now made accused in any other criminal case, that would itself lead to cancellation of their bail.

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Before parting with, this Court would direct the court below to record the statement of Sarita Kumari under Section 164 of the Code of Criminal Procedure whereafter she will be allowed to go with her husband.

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(Mihir Kumar Jha, J)

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Rishi/-

Rajendra Pandey and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Rajendra Pandey and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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