Single judge order refusing bail to petitioner KunDan Pandit in kidnapping and abduction case following allegations of ransom demand and rape of the victim. Additional criteria include prior rejected bail application of co-accused.
Bail application refused and prayer dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13463 of 2023
Arising Out of PS. Case No.-276 Year-2022 Thana- HILSA District- Nalanda
======================================================
KUNDAN PANDIT Son of Krishna Pandit R/V- and post- Domanahadar, P.sLaxmipur, Mednpur, Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
Petitioner seeks bail, who is in custody since 24.04.2022 in connection with S.Tr. No. 638 of 2022 arising out of Hilsa P.S. Case No. 276 of 2022, F.I.R. dated 20.04.2022 for the offences punishable under Sections 363 and 365 of the Indian Penal Code.
According to prosecution case, the son of the informant went missing form his house and the next day he contacted his mother through mobile phone and informed her that he is at Jasadih station. It is further alleged that the informant’s son later informed her mother that he is at Jhajha station, raising suspicion of his kidnap.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the
Patna High Court CR. MISC. No.13463 of 2023(2) dt.10-05-2023 2/2
present case. The allegations in the FIR are false and fabricated and the petitioner has not committed any offence as in the FIR.
The learned Additional Public Prosecutor for the State on the other hand opposed the prayer for bail of the petitioner and submits that as per the investigation the petitioner has demanded a ransom and also killed the boy after having subjected him to unnatural sexual intercourse and the bail application of coaccused person namely, Ravindra Pandit has been rejected by this Court vide order dated 29.04.2023 passed in Cr. Misc. No. 67865 of 2022.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Hilsa P.S. Case No. 276 of 2022 pending in the Court of learned Additional Sessions Judge-I, Hilsa, Nalanda.
Prayer is refused.
(Rajesh Kumar Verma, J)
Shahnawaz/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in connection with offences under Sections 363 and 365 of the Indian Penal Code.
1 provisions across 1 enactments
Kundan Pandit
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
