Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5690 of 2017 Arising Out of PS.Case No. -96 Year- 2016 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ======================================================
1. Chandan Kumar Son of Ram Swroop Paswan Resident of Village- Raees, P.S.N.P.T.C. Barh, (Pandarak), District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 17.12.2016 in connection with Telahara P. S. Case No. 96 of 2016 registered for the offence punishable under Section 366 of the Indian Penal Code.
The prosecution case is that the wife of the informant along with his six years old son had gone out from the house but she did not return back and after search they could not find any trace. It is also alleged that cousin (Phuphera) brother of the wife of the informant was involved in his wife and sons' disappearance. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.5690 of 2017 (2) dt.22-02-2017 2/2 petitioner that he is innocent and has been falsely implicated in the aforesaid case, has no criminal antecedent and as per the statement of the wife of the informant under Section 164 of the Cr. P. C., it is evident that she had gone with the petitioner out of her own sweet will and returned back as per her will. No allegation has been leveled against the petitioner by the victim lady. However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail.
Considering the facts and circumstances and the materials available on record, let the petitioner, above named, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Telahara P.S.Case No. 96 of 2016 to the satisfaction of the learned Additional Judicial Magistrate, Hilsa (Nalanda).
(Nilu Agrawal, J) Sudha/- U T