Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19982 of 2021 Arising Out of PS. Case No.-335 Year-2020 Thana- MAHESI District- East Champaran ====================================================== 1.

Sushil Kumar Son of Rameshwar Prasad Singh Resident of Village - Koiriya Nizamat, P.S.- Paroo, Distt.- Muzaffarpur.

2.

Sonu Kumar @ Prabhakar Kumar Son of Chandeshwar Prasad Resident of Village - Chaumukh, Bochahan, P.S.- Bochahan , Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K. Mangalam, Advocate Ms. Anita Kumari, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-10-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners seek bail in Mehsi P.S. Case No.335 of 2020, registered for the offence punishable under Section 364(A) of the Indian Penal Code.

The informant alleged that her husband was kidnapped by some persons for ransom.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. Petitioners are not named in the FIR. It is further submitted that the husband of the informant had himself gone to Muzaffarpur at about 3.00 P.M. on 30.10.2020 and the informant had

Patna High Court CR. MISC. No.19982 of 2021(4) dt.07-10-2021 2/2 received the phone calls of her husband at 6.00 P.M. wherein she was asked to arrange for Rs.30,00,000/- however, it has not been alleged by the informant that her husband had informed her that he has been kidnapped. It is also submitted that the petitioners have not received a single farthing as ransom. It is submitted that no incriminating article has been recovered from the conscious possession of the petitioners. Petitioners are in jail custody since 01.11.2020. The petitioners have got no criminal antecedents as stated in paragraph-3 of the bail petition. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.

Having considered the facts and circumstances of the case, let petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, East Champaran at Motihari in connection with Mehsi P.S. Case No.335 of 2020.

(Anjani Kumar Sharan, J) S.KUMAR/- U T