Manan Soni @ Prakash Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14969 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Manan Soni @ Prakash Kumar Soni Son of Jitendra Soni Resident of Village - Kumhartoli, P.S.- Ram Nagar, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Sharma, Adv.

Ms. Kiran Kumari Sharma, Adv.

For the Opposite Party/s :

Mr.(Dr.) Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 03.02.2019 in a case registered for the offence punishable under Section 365 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 13.01.2019 submitted by Anita Devi to the Station House Officer, Ramnagar Police Station is to the effect that on 12.01.2019 at 7.30 P.M., the husband of the informant namely, Vijay Kumar Jaiswal conveyed the informant that he has reached at Bettiah from Ramnagar and he is reaching the house within half an hour, but till late night, he did not return and his mobile number was found switched

Patna High Court CR. MISC. No.14969 of 2019(2) dt.12-03-2019 2/3 off. Hence it is suspected that the husband of the informant has been kidnapped leading to registration of F.I.R. against the unknown persons. It is alleged that Manan Soni, the petitioner gave Rs.33,700/- to the husband of the informant, but he did not come with the said money.

It is submitted by learned counsel for the petitioner that though the petitioner is not named in the FIR, but only on the basis of suspicion, the petitioner has been roped in the present case. It is further submitted that the impugned order does not suggest that any money was given by the petitioner to the husband of the victim and a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the suspicion was raised against the petitioner.

Considering the suspicious nature of accusation coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned SDJM, Bagaha in connection with Ram Nagar P.S. Case No.7 of 2019.

Patna High Court CR. MISC. No.14969 of 2019(2) dt.12-03-2019 3/3 Since the petitioner is having serious criminal antecedent, learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence. (Dinesh Kumar Singh, J) Ashwini/- U T