Daya Rabidas @ Daya Kishore Rabidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18207 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Hare Ram Choudhary, son of Jahindra Choudhary, resident of villageKageshwar, Police Station-Khaira, District-Jamui. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.18673 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Bihari Rawat, son of Late Nawal Mandal, resident of village-Khaira, P.S. Khaira, District-Jamui.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.23203 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Daya Rabidas @ Daya Kishore Rabidas, son of Bhuneshwar Rabidas, resident of village-Mahengro, P.S. Khaira, District-Jamui. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26678 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Bitish Yadav, son of Late Shyamdeo Yadav alias Late Shyam Yadav, resident of village-Khaira Mushhari, P.S. Khaira, District-Jamui. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.18207 of 2015) For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
(In Cr.Misc. No.18673 of 2015) For the Petitioner/s : Mr.
Patna High Court Cr.Misc. No.18207 of 2015 (3) dt.09-09-2015 2/3 For the Opposite Party/s : Mr.
(In Cr.Misc. No.23203 of 2015) For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
(In Cr.Misc. No.26678 of 2015) For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 09-09-2015 All the aforesaid four applications arise out of Khaira P.S. Case No.35 of 2015 registered under Sections 364(A)/34 of the Indian Penal Code. Therefore, all the aforesaid four applications have been heard together and are being disposed of by this common order.
The accusation is that Hari Prakash Singh, the father of the informant, Sanjeet Kumar, is running the shop of Fair Price Shop Dealer and used to come daily at about 08.00 P.M. in the night. On 12.02.2015, when his father till 08.30 P.M. in the night did not come to the house, he started searching for him. In that course, in the way at one place, he found the bicycle of his father standing and on another place the goggles of his father and one live cartridge were found. At that time, police also reached there. The informant raised suspicion about the kidnapping of his father. Learned counsel appearing on behalf of the petitioners submits that the father of the informant returned after three days of
Patna High Court Cr.Misc. No.18207 of 2015 (3) dt.09-09-2015 3/3 the alleged occurrence to his house and his statement, as detailed in paragraph-34 of the case diary, was recorded by the police in which he did not disclose the name of any culprits nor the physique of any culprits. The police, later on, recorded the statement of Bitish Yadav (petitioner in Criminal Misc. No.26678 of 2015) showing his involvement as well as of other petitioners and others in the kidnapping of the father of the informant. In paragraph-58 of the case diary, it has come that police apprehended Hare Ram Choudhary (petitioner in Criminal Misc. No.18207 of 2015) and recovered a mobile set from his possession by which Hare Ram Choudhary talked before the occurrence and after the occurrence. Except that, there is nothing against the petitioners. The petitioners are in jail custody since February, 2015.
Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri U.K. Pandey, Judicial Magistrate, First Class, Jamui, in connection with Khaira P.S. Case No.35 of 2015. (Rajendra Kumar Mishra, J) P.S./- U T