Sanjay Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.16784 of 2015 (5) dt.21-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16784 of 2015 Arising Out of PS.Case No. -86 Year- 2014 Thana -SAHIYARA District- SITAMARHI ======================================================

1. Sanjay Rai S/o Ram Pratap Rai R/o Village - Maivi, P.S. - Bathnaha, District - Sitamarhi .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dinesh Jha, Advocate For the Opposite Party : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 21-08-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 364A/34 and 120B/34 of the Penal Code. It is alleged that one Sanjay Kumar @ Sanjay Singh was kidnapped by the petitioner, Sanjay Rai, and others. However, the police, during investigation, learnt that the victim, Sanjay Kumar @ Sanjay Singh, recovered from his own house, who was concealing himself in a ditch prepared in a room covered with wooden frame and the police on secret information entered in the house and recovered the said kidnapped person and for which police lodged a case. The first information report of the said case lodged by the police is numbered as Sahiyara P.S. Case No. 61 of 2015 and it is submitted that this case has been lodged to falsely implicate the petitioner.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sahiyara P.S. Case No. 86 of 2014 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi.

(Gopal Prasad, J) SA/- U √ T √