Patna High CourtCR. MISC./33920/2015disposed

Rajesh Singh @ Rajesh Kumar Singh v. The State Of Bihar

2015-08-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33920 of 2015 Arising Out of PS.Case No. -421 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ====================================================== Rajesh Singh @ Rajesh Kumar Singh S/o Birendra Kumar Singh, resident of Village- Singarahia, P.S.- Pipradhi, District- Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Shahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 363 and 365/34 of the Indian Penal Code. The accusation is of kidnapping one Arun Kumar Singh, the Sales Man of the informant on 09.12.2014 at 8.00 P.M. for which the FIR was lodged on 10.12.2014 at 11.45 A.M. The victim alleged to have been released on 10.12.2014 at 8.00 A.M. Though, the victim has named this petitioner. It is submitted by learned counsel for the petitioner that the FIR was registered after return of the victim. In 164 Cr.P.C. statement the victim has admitted that he was

Patna High Court Cr.Misc. No.33920 of 2015 (2) dt.13-08-2015 2/2 being kidnapped under a mistaken identity and he was being released by the accused persons. It is further submitted that malicious case has been lodged as the wife of the petitioner has filed Title Suit No. 258 of 2003 and to take revenge in the title suit filed by the wife of the petitioner, the petitioner has been roped in the present case maliciously.

Considering the 164 Cr.P.C. statement of the victim, the period of confinement and the case being lodged after the release of the victim, it is a case for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Majorganj P.S. Case No. 421 of 2014 pending in the court of learned CJM, Sitamarhi.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T