Patna High CourtCR. MISC./38852/2015dismissed

Mahendra Sah v. The State Of Bihar

2015-10-08Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.38852 of 2015 (3) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38852 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -JHAJHA District- JAMUI ====================================================== Mahendra Sah, S/O-Sryug Sah, resident of Village- Dhamna, Police Station- Jhajha, District- Jamui .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amrendra Kumar For the Opposite Party : Mr. Smt.Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and the State. The petitioner is in custody since 08.05.2015 in connection with Jhajha P.S.Case No.64 of 2015 instituted under Sections 364(A) of the Indian Penal Code pending in the Court of SDJM, Jamui.

As per allegation, it is a case of abduction of one Prem Sagar Choudhary by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.05.2015. Chargesheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. From perusal of para-20 of the case diary, it appears that the victim has not named this petitioner in the statement under Section 161 Cr.P.C before police.

Patna High Court Cr.Misc. No.38852 of 2015 (3) dt.08-10-2015 On behalf of the State, it has been submitted that the petitioner is not named in the FIR and his name has come in course of investigation and the same is evident from para-45 of the case diary that the said mobile had been used in course of occurrence for demanding a ransom of Rs.35 lacs. Paras 40, 47 and 49 has also been referred.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioners and the same is rejected. Anyhow, the trial court is directed to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) B.Kr./- U T