Niraj Kumar Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.53355 of 2015 (3) dt.09-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53355 of 2015 Arising Out of PS.Case No. -152 Year- 2014 Thana -PARSA District- SARAN ====================================================== Niraj Kumar Rai, Son of Nageshwar Rai, Resident of Village-Anyay, Police Station -Parsa, District Saran at Chapra, .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shrinath, Advocate. For the Opposite Party/s : Mrs. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Parsa P.S. Case No. 152 of 2014 registered under Section 364 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. rather the name of the petitioner has come in confessional statement of co-accused, Awadh Pathak @ Abdh Pathak, who disclosed that the victim, Dipak, was brought to his house by his son as well as some others with further statement that his son also disclosed that money of the petitioner in respect to contract work was due with the victim. Moreover, the victim has only stated in his statement, under
Patna High Court Cr.Misc. No.53355 of 2015 (3) dt.09-02-2016 Section 164 of the Cr.P.C. that he was kept in the house by the kidnappers, where one lady handed over Rs.100/- to him and asked him to move from there. It is further submitted that petitioner has no criminal antecedent and is in custody since 04.09.2015.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Chapra, Saran, in connection with Parsa P.S. Case No. 152 of 2014. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T