Ranjan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.941 of 2016 (3) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.941 of 2016 Arising Out of PS.Case No. -544 Year- 2015 Thana -KANKARBAGH District- PATNA ======================================================

1. Ranjan Kumar Son of late Dinesh Pandey Resident of Village -Kumar,P.s Sikandra, District Jamui..... ................................ Petitioner

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Kankarbagh P.S. Case No. 544 of 2015 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code. Allegedly, Nitish Raj, the younger brother of the informant, went out of the house on 02.08.2015 to bring vegetable but he did not return till 10:00 pm then the informant started searching him but he was not found and then the matter was reported to Police Station. During investigation ransom was demanded, through mobile number 9523904861 and threat was caused to kill Nitish otherwise, to pay Rs. 5,00,000/- and on the basis of call details report raid was conducted in the house of Gaurav Kumar @ Kumar Gaurav and co-accused Nigam Kumar was apprehended and he stated the name of the petitioner also regarding the involvement in demanding ransom after taking the advantage of the kidnapping of Nitish Raj.

Patna High Court Cr.Misc. No.941 of 2016 (3) dt.09-03-2016 Submission is of false implication and that there is no legal and tangible material against the petitioner and without any material chargesheet has also been submitted and the petitioner is suffering in custody since 07.09.2015 having no criminal antecedent and as such the petitioner deserves sympathetic consideration to which learned APP submits that besides confessional statement of co-accused there is no other tangible material.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 544 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T