Manoj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51224 of 2015 Arising Out of PS.Case No. -267 Year- 2015 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Manoj Kumar

2. Suman Saurav @ Guddu Both are sons of Ramrup Prasad, resident of village- Baldha, P.S.- Nagar Naussa, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2015 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 448, 323, 380, 364(A), 511 of the Indian Penal Code and section 27 of the Arms Act.

The informant filed a complaint petition on 16.07.2015 alleging therein that the petitioners came to her house on 11.07.2015 and tried to kidnap her. She further alleged that the petitioners and others had already kidnapped her brother Sahil @ Golu and they are demanding a ransom of Rs. Five lacs for release of her brother.

It is submitted that the occurrence is said to have

Patna High Court Cr.Misc. No.51224 of 2015 (2) dt.15-12-2015 taken place on 11.07.2015 but the complaint was filed on 16.07.2015. The informant is the niece (daughter of the sister of the petitioners). It is submitted that petitioner no. 2 Suman Saurav filed Ram Krishna Nagar P.S. Case No. 109 of 2015 under sections 302, 120-B of the Indian Penal Code and section 27 of the Arms Act against Mithilesh Paswan @ Ramanand Paswan for killing his sister Nutan Kumari @ Pinki Sinha, mother of the informant. Brother of the informant made statement under section 164 Cr.P.C. and he disclosed the truth that this case of kidnapping has falsely been filed. He is living with her maternal uncle only because his father asked him to say what he wanted to say. Petitioner no. 1 filed Nagarnausa P.S. Case No.

101 of 2015 against Ram Pravesh Paswan and others for compromise of the case of his sister and on refusal the accused persons assaulted him. Considering the fact that the informant is none else than the niece of the petitioners and prior to the present case Suman Saurav, petitioner no. 2, filed annexure-2 Ramkrishna Nagar P.S. Case no.

Patna High Court Cr.Misc. No.51224 of 2015 (2) dt.15-12-2015 on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Chandi P.S. Case No. 267 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Jha, J) Amin/- U