Rajni Kant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13052 of 2023 Arising Out of PS. Case No.-115 Year-2022 Thana- DHARHARA District- Munger ====================================================== Rajni Kant Kumar S/O Umapati Ray @ Umakant Ray Resident Of VillageShivkund Kurmitola, P.S.- Dharhara, Hemjapur, O.P.- District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Prasad Singh No.2 For the Opposite Party/s :

Mrs.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Dharhara (Hemjapur O.P.) P.S. Case No. 115 of 2022 registered under sections 385, 387, 500 and 506 of the Indian Penal Code and Section 66(b) of the I.T. Act.

Prosecution case in short, is that, the petitioner threatened by his mobile No. 9709901684 and 8406028458 to the mobile number of informant i.e., 9973117459 for ransom, otherwise his son will be killed. It is further alleged that if the informant will not pay rupees five lacs, then the negotiation of daughter of the informant will be broken.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13052 of 2023(2) dt.25-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that petitioner has not committed any offence as alleged in the F.I.R. rather the prosecution story appears to be created by the informant due to enmity and for taking revenge from the petitioner. It is also submitted from para-8 of this petition that the fact is that the petitioner despite being in the relationship with the daughter of the informant, did not make any photo viral to cause harm to the reputation of informant's daughter and her marriage was successfully completed without any hindrance. Nothing consistent material came against the petitioner to implicate in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.11.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dharhara

Patna High Court CR. MISC. No.13052 of 2023(2) dt.25-04-2023 3/3 (Hemjapur O.P.) P.S. Case No. 115 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger.

(Sunil Kumar Panwar, J) shubham/- U T