Manish Kumar @ Manish Sarkar @ Manish v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30811 of 2021 Arising Out of PS. Case No.-807 Year-2020 Thana- BIHAR District- Nalanda ====================================================== MANISH KUMAR @ MANISH SARKAR @ MANISH S/o Shri Heera Lal @ Heera Prasad @ Heera Mahto R/o village- Pangari, P.S.- Warsaliganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 364A and 34 of the Indian Penal Code.
As per the prosecution case, the 14 year old minor daughter of the informant was kidnapped. The informant received a ransom call to the tune of Rs. 5 lacs from mobile no. 7602264358.
It is submitted by learned counsel for the petitioner that the FIR was registered against the owner of the above mobile umber. The petitioner is not named in the FIR. He was subsequently falsely implicated in the case. He has not been named by the alleged victim in her statement under section 164
Patna High Court CR. MISC. No.30811 of 2021(3) dt.20-12-2021 2/2 Cr.P.C and is in custody since 14.12.2020.
The application for bail is opposed by learned APP for the State who submits that it has transpired in course of investigation that it was on the statement of this petitioner that the victim was recovered from the house of the petitioner's aunt (mother's sister).
Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation specially the recovery of the minor victim daughter of the informant on the statement of the petitioner from the house of his aunt (mother's sister), the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U