Patna High CourtCR. MISC./23456/2017rejected

Dular Sahani v. The State Of Bihar

2017-07-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23456 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dular Sahani, S/o Late Bijali Sahani, Resident of Village- Katgenwa, P.S.- Adapur, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Turkauliya (Banjariya) P.S. Case No. 198 of 2016 pending in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran registered for the offence punishable under Sections 364A and 120(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the uncle of the victim boy, Aditya Kumar @ Khushal, is that the victim boy has been kidnapped by one Bhulan Chaudhary and Hariom Kumar along with Sikandar Sah and another unknown person for demand of ransom.

Patna High Court Cr.Misc. No.23456 of 2017 (3) dt.13-07-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and has been falsely implicated in the aforesaid case. However, learned A.P.P. for the State submits that the victim boy has been recovered from the house of the petitioner and arms and ammunitions were also recovered from his house and that petitioner bears a criminal history, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner at this stage. This application is, accordingly, rejected.

(Nilu Agrawal, J.) Arjun/- U T