Deo Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18922 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Deo Kumar Sahni S/o Kanhaiya Sahni @ Kanhaiya Mallah Resident of Village-Bishupur, P.S.-Brahampur, (Nainijor), District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwini Kumar Rai For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 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 Section 364(A) of the Indian Penal Code. As per prosecution case, the allegation against the petitioner is of abduction of the informant's son, aged about 5 years, for ransom demand.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to ulterior motive of the informant. During investigation, no any cogent material has come against the petitioner to show his involvement in the alleged crime. The victim has not been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.18922 of 2023(3) dt.31-07-2023 2/2 petitioner never demanded ransom money from the informant. The victim in his statement recorded u/s 164 of Cr.P.C. has disclosed the name of the petitioner on the instigation of informant (mother) but he has not complained about any physical misbehave or physical torture against the petitioner. It is further submitted that petitioner is languishing in judicial custody since 26.01.2023 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and 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 Brahmapur P.S. Case No.36 of 2023 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 Chief Judicial Magistrate, Buxar. (Sunil Kumar Panwar, J) lata/- U T