Sonu Barnwal @ Bikash Kumar Bharti v. The State Of Bihar

Patna High Court Cr.Misc. No.23144 of 2016 (3) dt.02-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23144 of 2016 Arising Out of PS.Case No. -45 Year- 2014 Thana -RAIL District- LAKHISARAI ====================================================== Sonu Barnwal @ Bikash Kumar Bharti S/o late Awadh Kishore Barnwal Resident of Village- Narganjo, Police station - Jhajha, District Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Advocate. For the Opposite Party/s : Mr. Rajeev Nayan, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 25.01.2016 in connection with G.R.P. Jhajha P.S. Case No. 45 of 2014 for the offences instituted under Section 364 of the Indian Penal Code.

The prosecution story, in brief, is that the informant received a mobile massage from the Madhupur Railway Station Master that your husband is traceless from Nayarjo Station, when he was on duty as a guard in train No. 63569 Up. after the enquiry the informant came to know that the occurrence is true. It is further alleged that she had suspicion that her husband was kidnapped by the unknown when he was on duty.

Patna High Court Cr.Misc. No.23144 of 2016 (3) dt.02-08-2016 It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.01.2016. Charge-sheet has been submitted in the present case. There is no allegation of tempering of witnesses against the petitioner. The name of the petitioner has come after 10 months of the alleged occurrence. The victim in his statement before the police has not named the petitioner. There is no direct or indirect evidence against the petitioner. On behalf of the State it has been submitted that petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Kiul (Lakhisarai) in connection with G.R.P. Jhajha P.S. Case No. 45 of 2014.

(Sudhir Singh, J) Prakash/- U T