Santosh Kumar @ Santosh v. The State Of Bihar

Patna High Court Cr.Misc. No.11306 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11306 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -BHAWANIPUR District- PURNIA ====================================================== Santosh Kumar @ Santosh Son of Dinesh Kumar Singh @ Dinesh Kumar resident of Ward No. 1, Birpur, Police Station - Birpur, District - Supaul .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Roy, Advocate For the Opposite Party : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bhawanipur P.S. Case No. 128 of 2015 for the offences instituted under Sections 385 and 387 of the Indian Penal Code. As per prosecution case, it is alleged by the prosecution that some unknown persons by his mobile no.7258865614 and demanded Rs.10,000/- as extortion money and the miscreants also gave threatening that if his demand is not fulfilled then her life would be in danger and after this message then the mobile is switched off.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case.

Patna High Court Cr.Misc. No.11306 of 2016 (2) dt.25-04-2016 Petitioner is not named in the FIR. In course of investigation, one of the co-accused Niranjan Kumar Bhagat has stated that the SIM card used by him for demanding Rangdari was purchased from the shop of this petitioner. Except for that, there is no other material to show the implication of the petitioner in the present case. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Bhawanipur P.S. Case No. 128 of 2015 corresponding to G.R.No.2901 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Mithilesh Kumar, Judicial Magistrate, Ist Class, Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T