Sushil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34264 of 2016 Arising Out of PS.Case No. -162 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Sushil Singh son of Rameshwar Singh Resident of Village - Ameth, P.S. - Mohania, District - Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-364(A)/34 of the Indian Penal Code. Petitioner is named in the first information report and it is alleged that he along with two others, kidnapped informant's son and made him captive in his house. It is also alleged that the victim was recovered from house of the petitioner. The statement of victim was recorded u/S 164 of the Cr.P.C. in which, he stated that he had gone to meet one Shanti at Hospital, where he was made captive by the doctor and others. Subsequently, his phone was snatched by the said doctor and demand of ransom was made. The victim further stated that his father and others came at village Nasez to hand over the money and, thereafter, they caught the petitioner and others and, got

Patna High Court Cr.Misc. No.34264 of 2016 (2) dt.20-08-2016 2/2 released him from the clutches of the accused persons and, thereafter, police was informed.

Learned counsel, appearing for petitioner submits that as a matter of fact, the victim had some relation with Shanti who happens to be sister of the petitioner and as a matter of fact, on the alleged date of occurrence, the victim was caught with Shanti in objectionable condition. Thereafter, the family members of the victim were informed and they came to the house of the petitioner and took the victim with them but subsequently, the informant with mala fide intention, lodged this false case against the petitioner.

Considering the above-said facts and circumstances of the case as well as submission of the parties and also taking note of this fact that the petitioner does not have any criminal antecedent, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kudra P.S. Case No. 162 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua.

A.K.V./- (Hemant Kumar Srivastava, J) U T