Kundan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18370 of 2019 Arising Out of PS. Case No.-394 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== Kundan Rai Son of Shankar Rai @ Shankar Ray Resident of village- Nagwa, P.S.- Dariyapur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Srivastva For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-05-2019 The petitioner seeks regular bail in connection with Dariyapur P.S. Case No. 394 of 2018, registered for offences punishable under Sections 363, 364, 367, 370/34 of the Indian Penal Code.
Allegation against the petitioner and co-accused Rajesh Rai is of kidnapping of son of the informant, who is aged about 6 years. It further appears from the impugned order that police on secret information raided the bathan of the petitioner from where petitioner and co-accused Rajesh Rai were arrested and they disclosed that they had sold the boy to one Sudhir Mahto for Rs. 40,000/- and, thereafter, the said Sudhir Mahto was arrested and the boy was recovered.
It has been submitted on behalf of the petitioner that the co-accused Sudhir Mahto has already been enlarged on bail
Patna High Court CR. MISC. No.18370 of 2019(3) dt.21-05-2019 2/2 by a coordinate Bench of this Court and now the compromise has also reached between the parties and petitioner has been in judicial custody since 01.12.2018.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, so far the case of co-accused Sudhir Mahto is concerned, there is no allegation against him of kidnapping the son of informant rather the same is attributed to the petitioner and one Rajesh Rai, as such, I am not inclined to enlarge the petitioner on bail, at this stage.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) sunilkumar/- U T