Tarun Parashar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14415 of 2019 Arising Out of PS. Case No.-486 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== TARUN PARASHAR Son of Tulsi Prasad Singh Resident of VillageSuratpur, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaidehi Raman Prasad Singh For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner, learned counsel for informant and the learned APP for the State. The petitioner seeks bail in Kanti P. S. Case No. 486 of 2018 instituted for the offence under Section(s) 364, 364A, 384,386, 506/34 of the Indian Penal Code.
Informant has alleged in the written report that on 10.8.2018 at about 8 AM co- accused Rahul Kumar, Lala Kumar, Dipak Kumar and other four to five unknown persons of village Panapur, Kariyat came at her Darwaza on two four wheeler vehicles and took her son, namely, Raghu Kumar forcibly on their vehicle. The informant could not identify other four to five persons. It is further alleged that subsequently coaccused Lala Kumar made demand of Rangadari of Rs
Patna High Court CR. MISC. No.14415 of 2019(4) dt.28-05-2019 2/3 20,000/- on the mobile of the informant and threatened to kill her son if she failed to pay the ransom amount. It is further alleged that co-accused Rahul Kumar and Lala Kumar were continuously making demand of money on phone. Co-accused Lala Kumar had called informant on several times from his mobile no. 6203980545.
Case diary has been received.
Learned counsel for petitioner submits that petitioner is not named in the written report. During investigation, some of the witnesses have taken the name of this petitioner as mentioned in paragraph nos 7, 9 and 10 of the case diary. Learned APP for the State has submitted that witnesses in aforesaid paragraphs have taken the name of this petitioner.
Learned counsel for petitioner has submitted that in the written report itself the informant had alleged that all the accused persons belonged to village Panapur, Kariyat whereas this petitioner is resident of village Suratpur, P.S.Kanti, Dist. Muzaffarpur. The informant has not taken the name of this petitioner. The name of this petitioner has subsequently come during investigation in the statement of other witnesses in the case diary merely on suspicion. It further appears that petitioner
Patna High Court CR. MISC. No.14415 of 2019(4) dt.28-05-2019 3/3 is resident of village Suratpur, P.S. Kanti, Dist. Muzaffarpur. The informant has levelled specific allegation in the written report that all the miscreants belonged to village Panapur Kariyat.
Petitioner is in custody since 6.11.2018.
Considering the aforesaid, 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 the S.D.J.M., West Muzaffarpur, in connection with Kanti P. S. Case No. 486 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) shyambihari/- U T