Allowed

Bhola Pandey v. The State of Bihar

Patna HC28 Aug 2019CR. APP (SJ)/2188/2019

Case brief

AI extract

What is this about?

Appeal against refusal of anticipatory bail in kidnapping case under SC/ST and IPC sections. Lower court rejected bail as appellant was father of co-accused. High Court released appellant on bail pending investigation as he appeared falsely implicated without criminal antecedents.

What did the court decide?

Appellant released on bail of Rs. 10,000 with two sureties and appearance in six weeks.

Bhola Pandey Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2188 of 2019

¶2

Arising Out of PS. Case No.-210 Year-2018 Thana- LAURIA District- West Champaran

¶3

======================================================

¶4

BHOLA PANDEY S/o Late Kedar Pandey Resident of Village- Pipara Naurangiya, P.S.- Yogapatti, District- West Champaran.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Sanjeev Kumar For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

¶10

ORAL ORDER

¶11

5 28-08-2019

¶12

Heard learned counsel for the appellant and learned Spl. PP for the State.

¶13

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 01.05.2019 passed by learned 1^st Addl. Sessions Judge cum Special Judge, Bettiah, West Champaran in Lauriya P.S. Case No. 210 of 2018 registered under Sections 366 and 494/34 of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act.

¶14

While the wife of the informant along with his sister had gone to the field for defecation, appellant along with coaccused Ranbir Pandey kidnapped his wife on the motorcycle.

¶15

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence.

¶16

Patna High Court CR. APP (SJ) No.2188 of 2019(5) dt.28-08-2019 2/3

¶17

Appellant has been falsely implicated in the case merely because he happens to be father of Ranbir Pandey who was in love with the victim preceding to her marriage and after her marriage victim was kidnapped by him. Victim in her statement recorded under Section 164 Cr.P.C. has not taken the name of the appellant in the occurrence. After investigation of the case, police has submitted chargesheet against Ranbir Pandey showing the appellant as not sent up. Appellant has no criminal antecedent. Said Ranbir Pandey has been enlarged on regular bail by a co-ordinate Bench of this Court vide order dated 04.12.2018 passed in Cr. Appeal (SJ) No. 4039 of 2018.

¶18

Learned Spl. PP for the State opposed the prayer for

¶19

bail.

¶20

Having regard to the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. Sessions Judge cum Special Judge, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 210 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

¶21

Patna High Court CR. APP (SJ) No.2188 of 2019(5) dt.28-08-2019 3/3

¶22

Accordingly, the impugned order is set aside and

¶23

appeal is allowed.

¶24

(Prakash Chandra Jaiswal, J)

¶25

mantreshwar/-

¶26

U T

Bhola Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhola Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dharmendra Mahto Vs the State of Bihar

Ajay Kumar Vs The State of Bihar

Ashok Kumar Yadav Vs the State of Bihar

Savitri Devi Vs The State of Bihar

Chikru Mahaldar and Anr. Vs The State of Bihar

Bijendra Singh Vs The State of Bihar