Shiv Shankar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14519 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Shiv Shankar Thakur S/o Laksmi Thakur, Resident of village- Pojhiya, P.S.- Lalganj, District- Vaishali .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arvind Kumar Sinha For the Opposite Party : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-06-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 17 of 2015 registered under Sections 363, 365/34 of the Indian Penal Code. Umesh Kumar, minor son of the informant was missing from the house on 20.01.2015. On search the informant came to know that his son was seen moving with covillager Sukesh Kumar and this petitioner but in spite of search the informant could not find any trace of his son. Learned counsel appearing on behalf of the petitioner submits that it would appear from the First Information Report that petitioner and one Sukesh Kumar are named in the First Information Report by the informant on receiving information from the villagers. During investigation, Umesh Kumar, son of the informant was recovered and his

Patna High Court Cr.Misc. No.14519 of 2015 (3) dt.02-06-2015 2/2 statement under Section 164 Cr.P.C was recorded but he has stated about involvement in his kidnapping by co-accused Sukesh Kumar and he has not stated anything about implication of this petitioner in his kidnapping. Learned A.P.P while opposing the prayer for bail of the petitioner was conceded that though victim Umesh Kumar has made allegation only against co-accused Sukesh Kumar but this petitioner is also co-villager of the informant. Considering the aforesaid submissions, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 17 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Shageer/- U T