Ramjee Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17594 of 2023 Arising Out of PS. Case No.-25 Year-2020 Thana- LAURIA District- West Champaran ====================================================== Ramjee Sah Son Of Late Banshi Sah R/O Village- Bahahi, Bagahi, Devraj, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365 of the Indian Penal Code.

As per prosecution case, the informant along with his minor sister, aged about 15 years, who is dumb had gone to fair. But due to bad weather, the informant sister proceeds her house with this petitioner. When the informant reached house, she did not find her sister. Thereafter, the informant raised strong suspicion against the petitioner along with others and alleged that they abducted her sister.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.17594 of 2023(3) dt.18-07-2023 2/3 falsely been implicated in this case on the basis of suspicion. For the alleged occurrence of 21.2.2020, the FIR has been lodged in delay of one month on 19.3.2020. It is further submitted that the victim has not been recovered as yet and the co-accused namely, Rahim Miyan who was seen lastly with the victim, is already getting the privilege of anticipatory bail granted by co-ordinate Bench of this court vide order dated 25.1.2022 passed in Cr. Misc. No. 34847 of 2021 which is also evident from Annexure-2. During course of investigation, no any consistent material has come on record which suggests the complicity of the petitioner in the alleged occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the petition. It is further submitted that the petitioner is languishing in judicial custody since 8.1.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Lauriya P.S. Case No. 25 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.17594 of 2023(3) dt.18-07-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bettiah at West Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T