Ajay Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.55130 of 2016 (3) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55130 of 2016 Arising Out of PS.Case No. -172 Year- 2016 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ajay Mahto Son of Late Rameshwar Mahto resident of village - Singhiya Hiban, P.S. Banjariya, District East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shakil Ahmad Khan, Adv. For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-02-2017 Heard both sides.

The petitioner seeks bail in Chhatauni P.S. Case No. 172/2016, registered for the offences punishable under Sections 384 and 387 of the Indian Penal Code.

The informant alleged that he received missed call from mobile no. 7464009734 and extortion of Rs. 5,00,000/- was demanded.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. During the course of investigation, the name of the petitioner figured in the case, as the mobile was found in the name of Gita Devi mother of the petitioner. Mother of the petitioner disclosed that the SIM of the aforesaid mobile was

Patna High Court Cr.Misc. No.55130 of 2016 (3) dt.28-02-2017 issued in her name and her son (petitioner) was using that mobile. It is submitted that the petitioner is in jail since 18.07.2016. Petitioner has already remained in jail for about seven and half months.

Considering the facts aforesaid and the fact that the petitioner has already remained in jail for about seven and half months, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 172/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T