Manjay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3051 of 2020 Arising Out of PS. Case No.-156 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== MANJAY RAY Son of Bachhi Ray Resident of Village - Hathapur Parsa, P.S.- Basopatti, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-03-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Basopatti Police Station Case No. 156 of 2019, registered for the offences under Sections 365 and 366 of the Indian Penal Code. The allegation against the petitioner is that the petitioner, along with another co-accused, has abducted the wife of the informant, Sita Devi, and his son, Chandan Kumar. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and referring to paragraph 54 of the case diary, submits that the statement of the victim lady was recorded under Section 164 of the Code of Criminal Procedure, 1973, in which she has stated that she had given a sum of Rs. Three lakhs to the accused persons for the purpose of marriage of the daughter of the petitioner and when the money was demanded, they threatened

Patna High Court CR. MISC. No.3051 of 2020(3) dt.20-03-2020 2/2 the victim lady and told her that they would take her to Mumbai, but on 23rd June, they took her to Jalandhar, from where she returned back after two months. He further submits that the victim lady has not stated in her statement under Section 164 of the Code of Criminal Procedure, 1973 that she was abducted by the petitioner and the petitioner is in custody since 20.08.2019. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the victim lady, in her statement under Section 164 of the Code of Criminal Procedure, 1973 has not stated that she was abducted by the petitioner forcefully and the petitioner is in custody since 20.08.2019, I am inclined to enlarge the petitioner on bail. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Madubani, in connection with Basopatti Police Station Case No. 156 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √