Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25029 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Rajnish Kumar, Male, age about 21 years, Son of Nand Kumar @ Vijay Kumar Santosh, Resident of Village- Ghorahuwan, P.S.- Masaurhi, DistrictPatna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Chaudhary, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Masaurhi P.S. Case No. 632 of 2023 instituted for the offences punishable under Sections 504, 506, 385, 386, 387 and 307/34 of the Indian Penal Code.
3. As per the prosecution case, accused persons demanded ransom amount of Rs. 10,000/- on mobile phone of the informant's son and also threatened him not to go to police, otherwise he would face dire consequences.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Due to previous enmity with the son of the informant, the petitioner has been implicated
Patna High Court CR. MISC. No.25029 of 2024(2) dt.08-04-2024 2/3 in this case. He further submits that the story is manipulated and fabricated. Petitioner is in custody since 06.11.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and the impugned order of the learned Additional Sessions Judge-I, Masaurhi dated 02.02.2024, it appears that the FIR has been lodged against two accused persons including the petitioner under sections 504, 506, 385, 386, 387 and 307/34 of the Indian Penal Code. The allegation against the petitioner and other accused persons is of demand of extortion money and threatened to commit death by telephone call. Chargesheet has already been submitted in this case and there is no any chance of tampering with the evidence, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Masaurhi in connection with Masaurhi P.S. Case No. 632 of 2023.
7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet
Patna High Court CR. MISC. No.25029 of 2024(2) dt.08-04-2024 3/3 has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
8. Further, if the petitioner shall not appear before the learned trial Court for two consecutive dates without any valid reason, the bail bonds of the petitioner shall be cancelled by the trial Court. One of the bailors shall be close relative of the petitioner.
(Ramesh Chand Malviya, J) Anand Kr.
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