Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40017 of 2014 Arising Out of PS.Case No. -45 Year- 2014 Thana -RAMPUR District- GAYA ====================================================== Pawan Kumar S/o Chhotel Lal Yadav R/o Gopi Bigha, P.S. - Magadh Medical, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate. For the Opposite Party/s : Mr. Dr. Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 The petitioner is in custody since 27.4.2014 in Rampur P.S.Case No.45/14 for the offences under Sections 364,120 (B)/34 of the I.P.C. and subsequently, Sections 365, 302,201/34 of the I.P.C.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The prosecution case, in brief, is that on 14.1.2014 when some persons came to the informant's house and called husband of the informant, Yogi Yadav, Brajesh Kumar and one unknown person took her husband with them and since then he did not return. Despite search the informant could not trace him out. On query by the informant they told that her husband had gone to Nepal but subsequently told that he had gone to Kulcutta.She has

Patna High Court Cr.Misc. No.40017 of 2014 (7) dt.29-07-2015 2/2 suspected that the aforesaid three persons had kidnapped and done to death.

On behalf of the petitioner it has been submitted that he is in custody since 27.4.2014 and charge sheet has already been submitted in this case. Petitioner is not named in the F.I.R. In course of investigation when the third statement of the informant was recorded she raised only suspicion against the petitioner in respect of the abduction of the deceased. There is no specific allegation against petitioner in respect of the abduction. The petitioner has got no criminal antecedent.

On behalf of the State it is submitted that the petitioner's name has appeared in this case in course of investigation.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Gaya, in Rampur P.S. Case No.45/14.

(Sudhir Singh, J) AnilKrSinha/- U T