Manjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13001 of 2024 Arising Out of PS. Case No.-606 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Manjay Kumar, aged 18 years, Male, S/o Ram Kumar Paswan R/o Village - Berai, P.S. - Sarai, Dist. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sakra P.S. Case No. 606 of 2023 for an offence instituted under Sections 363, 365, 386 and 387/34 of the Indian Penal Code.
3. As per allegation in the FIR the informant's daughter got a call on her mobile stating that his brother is in my custody, he will be freed alive if Rs.1,50,000/- will be given to him otherwise the accused persons will kill the son of the informant. It is further alleged that in fear of the death of his son, informant send Rs.25,000/- on mobile no.9708954770 through Suresh Choudhary and after which, Rs.1,00,000/- was demanded again by the accused persons after which informant
Patna High Court CR. MISC. No.13001 of 2024(2) dt.29-02-2024 2/3 got scared and informed the police station for appropriate action.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case by the informant on the instance of his village enemy due to dirty village politics.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. On perusal of the first information report and the impugned order passed by learned Additional Sessions JudgeXVII, Muzaffarpur dated 09.01.2024, it appears that the petitioner is not named in the FIR and police raided the house, four persons started running away from the house, out of four persons one person was caught and upon enquiry the person caught, told that his name is Manjay Kumar (petitioner) and upon searching the house, he recovered the victims Ranjit Sahani and Md. Alam who were confined in a room with hands tied by rope. There is complicity of the petitioner in the alleged offence and the petitioner was caught at the place where kidnapped persons were kept in captivity, this is a case for kidnapping for ransom by the petitioner and considering all these circumstances, I am not inclined to grant bail to the
Patna High Court CR. MISC. No.13001 of 2024(2) dt.29-02-2024 3/3 petitioner.
7. Prayer for regular bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T