Nigam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18210 of 2016 Arising out of PS.Case No. -544 Year- 2015 Thana -KANKARBAGH District- PATNA ====================================================== Nigam Kumar, son of Sri Lalan Singh, resident of Village - Kumar, P.S. - Sikandra, District - Jamui.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Thakur, Advocate. For the Opposite Party : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.08.2015 in connection with Kankarbagh P.S. Case No. 544 of 2015 for the offences instituted under Sections 363 and 365 of the IPC. The prosecution story, in brief, is that the name of the house owner of the informant is Ajay Kumar Pathak and his younger brother, namely, Nitish Raj, also lives with him. It is alleged that his said younger brother on 02.08.2015 went out of the house saying that he is going to bring vegetable, but he did not return till 10.00 P.M., then the informant started searching him but he was not found and finally he reported the matter to the P.S. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.18210 of 2016 (3) dt.25-05-2016 2/2 petitioner has got no criminal antecedent. The petitioner is in custody since 29.08.2015 and the charge sheet has been submitted in the present case. None of the mobile numbers as mentioned in the F.I.R., belong to the petitioner. In course of investigation, it was found that one of the mobile set used belongs to the brother of the petitioner. The other co-accused Ranjan Kumar has been granted bail by this Court vide Cr. Misc. No. 941 of 2016. On behalf of the State it has been submitted that the petitioner is not named in the F.I.R.

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 C.J.M., Patna, in connection with Kankarbagh P.S. Case No. 544 of 2015. U.K./- (Sudhir Singh, J) U T