Shyambabu Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.1431 of 2017 (2) dt.17-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1431 of 2017 Arising Out of PS.Case No. -152 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shyambabu Gupta, S/o Kamal Prasad Gupta, Resident of VillageMesaudha, P.S.-Piparahi, Destt.-Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumod Kumar Shrivastaw For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner is in custody since 07.07.2016 in connection with Dhaka (Pachpakari OP) P.S. Case No. 152 of 2016 registered under Sections 364, 365/34 of the Indian Penal Code. 3.

Accusation is of kidnapping of the informant's son for ransom.

4.

Learned counsel for the petitioner has submitted that the petitioner has not named in the F.I.R. rather the F.I.R. has been lodged against unknown persons. Even in the statement of victim recorded under Section 164 Cr.P.C., petitioner's name has not been disclosed. Merely on the basis of suspicion, this petitioner has been made accused in this case and rotting in judicial custody for the last six months. 5.

Considering the facts and circumstances of the case and

Patna High Court Cr.Misc. No.1431 of 2017 (2) dt.17-01-2017 the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M, East Champaran in connection with Dhaka (Pachpakari O.P.) P.S. Case No. 152 of 2016.

(Arvind Srivastava, J) brajesh/- U T