IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39621 of 2010 HEMANT @ AJAY KUMAR PANDEY Versus STATE OF BIHAR ----------- 04/ 12.01.2011 Supplementary affidavit is filed on behalf of the informant. Heard learned counsel for the petitioner as well as learned P.P. for the State assisted by the learned counsel for the informant. Petitioner seeks his bail in connection with Budha Colony P.S. Case no.124/2010 registered under sections 347, 420, 467, 468, 471, 472, 323, 504 and 506/34 of the IPC. According to the prosecution case, the alleged occurrence took place on 1.4.2010 but admittedly, the informant lodged the above stated case on 20.7.2010. The contention of the learned counsel for the petitioner is that there was some agreement between the petitioner and the informant for sale and purchase of the land but subsequently, some disputes arose between the parties and that is why the informant lodged this false case against the petitioner. He further submits that even if it is assumed that some payments were made by the informant then also the same were made in course of the aforesaid transaction. Learned counsel for the informant specifically denied the execution of any agreement and submitted that, as a matter of fact, petitioner was not known to the informant prior to the alleged occurrence and he further submitted that the informant did not lodge the case in time as threat had been given by the petitioner. He further stated that during the course of investigation witnesses have supported - 2 - the prosecution story and the Investigating Officer has also found this fact that flat, in which victim has been made captive, had been taken by the petitioner on rent five days prior to the alleged occurrence. He also pointed out that the police after investigation submitted charge sheet under section 364 A of the IPC and the court has also taken cognizance for the above stated offence. In view of the above stated submissions as well as facts and circumstances of the case, petitioner, Hemant @ Ajay Kumar Pandey is directed to be released on bail in connection with Budha Colony P.S. Case no. 124/2010 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna subject to the condition that one of the sureties must be father of the petitioner. shahid (Hemant Kumar Srivastava,J)