Sajan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.8097 of 2018 (3) dt.05-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8097 of 2018 Arising Out of PS.Case No. -343 Year- 2017 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Sajan Kumar S/o Lalji Ram, Resident of Village-Dosma, P.S.-Phesar, District-Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 18.10.2017 in connection with Town P.S. Case No. 343 of 2017 for the offence registered under Sections 366/34 of the Indian Penal Code. Learned counsel for the petitioner submits that though the first information report was filed initially at the information provided by one Shiva Manjhi, who was the domestic helper of the informant, the petitioner was not named in connection with the present case. Subsequently, when the said Shiva Manjhi was arrested, in his confessional statement made before the police, the story is carved out, in which, the petitioner's name was also taken and as such, the petitioner was taken into custody. It is further submitted that the statement made before the police in the form of confessional statement is not permissible in evidence and

Patna High Court Cr.Misc. No.8097 of 2018 (3) dt.05-03-2018 therefore, the petitioner may be released on bail. Diary of the present case was called for which has since been received.

Learned counsel for the State after perusal of the case diary submits that save and except the statement made in paragraph nos. 21 and 26 by the co-accused Shiva Manjhi, the name of the petitioner does not find place anywhere else. Considering the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent and also because the victim boy was recovered soon after the incident, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Town P.S. Case No. 343 of 2017. (Anjana Mishra, J) Jagdish/- U T