Raja Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19619 of 2023 Arising Out of PS. Case No.-7 Year-2015 Thana- LALGANJ District- Vaishali ====================================================== Raja Kumar Ram S/o Late Krishnadeo Ram R/o Village- Bibipur Manora, P.S.- Vaishali (Belsar O.P.), Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 420, 120 (B), 363, 365, 366, 323 and 504 of the Indian Penal Code.

As per prosecution case, it is alleged that on 25.06.2014 the petitioner along with other co-accused came to the house of informant and requested him for sending his son to Meerut, where they could get him employed in a Biscuit factory on monthly salary of Rs.10,000/-. Thereafter, the informant sent his son with them. The informant talked to his son on mobile for about 20 days but after that he could not contact with his son. The informant repeatedly contacted with co-accused

Patna High Court CR. MISC. No.19619 of 2023(3) dt.17-07-2023 2/3 whereupon they replied that his son will come on Chhath Festival but his son did not come. The informant has strong suspicion that they have either hidden his son somewhere or they have sold him.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to village politics. There is no specific allegation against the petitioner. The petitioner had no intention to abduct the informant's son. The petitioner never took the informant's son to Meerut for working in Biscuit factory. As mentioned in para-9 of the petition that the informant's son (victim) is a person of unsound mind and he is unable to perform his daily basic tasks. During investigation, nothing has come to show the complicity of the petitioner in the alleged occurrence. It is also submitted that petitioner is languishing in judicial custody since 04.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State vehemently opposed the prayer for Bail and submitted that petitioner and his father taken away the victim but the victim is not traced out as yet.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.19619 of 2023(3) dt.17-07-2023 3/3 taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Lalganj P.S. Case No.07 of 2015 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 Additional District and Sessions Judge-VII, Vaishali at Hajipur.

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