Pramod Pandey @ Pramod Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15184 of 2019 Arising Out of PS. Case No.-236 Year-2017 Thana- LAXMIPUR District- Jamui ====================================================== PRAMOD PANDEY @ PRAMOD TIWARI Son of Banaras Pandey, Resident of Village-Kasiyadih, P.S.-Katkamsandi, District-Hazaribagh, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Laxmipur P.S.Case no.236 of 2017 registered for offences punishable under Sections 364(A), 379 and 411 of the Indian Penal Code.

Allegation as per FIR is that the brother of the informant was kidnapped and Rs.01 crore was demanded on his mobile, petitioner is not named in the FIR and later on some co-accused persons were arrested and on their confessional statement, name of the petitioner transpired and it has come that the victim was kept in his house.

Submission of the learned counsel for the petitioner is that victim has been recovered. He has not named the petitioner in his statement recorded under Section 161 Cr.P.C. and his

Patna High Court CR. MISC. No.15184 of 2019(4) dt.03-05-2019 2/2 statement under Section 164 Cr.P.C. has not been recorded. Heard learned A.P.P., who has opposed the prayer for bail on the ground that the charge-sheet has been submitted against the petitioner showing him absconder and further that the materials collected during the course of investigation disclose that threatening was given to the informant not to pursue the case against the accused persons, which appears from the case diary.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by6 the learned court below, which shall be considered on the basis of materials available on the record.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T