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Patna High CourtCR. MISC./16959/2024dismissed

Subhash Kumar Paswan v. The State Of Bihar

2024-04-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16959 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Subhash Kumar Paswan Son of Rahul @ Ganesh Pawan Resident of VillageRailway Colony, P.S. Sadar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Yadav, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S. Kamal P.S. Case No. 332 of 2023 instituted for the offences punishable under Section 364(A) of the Indian Penal Code.

3. As per the prosecution case, on 04.12.2023 the husband of the informant was kidnapped when he went out to drive jeep and later on unknown persons demanded a ransom of Rs. Two lakh twenty thousand and if she did not pay the money, they threatened her to kill her husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner

Patna High Court CR. MISC. No.16959 of 2024(3) dt.20-04-2024 2/2 has been transpired from the confession statement of co-accused namely Aniket Chakarbarti.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the case diary, F.I.R. and also perused the impugned order dated 24.01.2024 passed by the learned A.C.J.M. 4th, Begusarai, it appears that name of the present petitioner has been transpired from the statement under Section 161 Cr.P.C. of the victim, Brajesh Yadav and on perusal of Paragraph '15' of the case diary and the confessional statement of co-accused namely, Aniket Chakarbarti who was arrested by the police. They even demanded a ransom of worth Rs. Two lakh twenty thousand rupees and threatened the informant to send it through pay phone otherwise they would kill her husband.

7. Considering the seriousness of allegations levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) tusharika/- U T