Awadhesh Pathak @ Abadh Pathak v. The State Of Bihar
Patna High Court Cr.Misc. No.31738 of 2015 (5) dt.06-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31738 of 2015 Arising Out of PS.Case No. -152 Year- 2014 Thana -PARSA District- SARAN ======================================================
1. Awadhesh Pathak @ Abadh Pathak Son of Late Kamal Pathak Resident of village - Ramdauli, P.S. Sairay, District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Kumar Sinha For the Opposite Party/s : Mr. R.S.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner is neither named in the first information report nor in the statement of victim, recorded u/S 164 of the Cr.P.C. The petitioner was arrested on suspicion, which is evident from perusal of paragraph-123 of the case diary and thereafter, his statement was recorded. The petitioner confessed this fact that the victim was brought to his house by his son as well as some others and disclosed that the victim had kept their share and that was the reason, they had brought him. The aforesaid fact was corroborated by daughter-in-law of the petitioner also and, therefore, even if, it assumed that the victim was confined by the petitioner in his home, then also, he was not aware of this fact that the victim was
Patna High Court Cr.Misc. No.31738 of 2015 (5) dt.06-11-2015 kidnapped for ransom or for murder. The petitioner does not have any criminal antecedent and is languishing in jail custody since long.
Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Parsa P.S. Case No. 152 of 2014 to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra.
(Hemant Kumar Srivastava, J) A.K.V./- U T