Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10068 of 2017 Arising Out of PS.Case No. -229 Year- 2016 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Raj Kumar Rai Son of Late Babulal Rai, Resident of Village-Magrahi Bazar, P.S.-Mehsi, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Brahmpura P.S. Case No. 229 of 2016 instituted for the offence under Section (s) 364A/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner is not named in the written report. The name of the petitioner has been taken by one of the apprehended accused as appeared in para 12 of the case diary. It has further been submitted that in para 37of the case diary, it has come that the victim, to save himself from the case under Excise Act has prepared a false story of his kidnapping.

As per written report, the son of the informant

Patna High Court Cr.Misc. No.10068 of 2017 (3) dt.04-04-2017 2/2 was kidnapped and informant rang to arrange Rs. 4,00,000/- otherwise the victim would be killed.

In this manner, the petitioner was not named in the First Information Report.

It has come in the order of the Sessions Judge that name of the petitioner has been given by the co-accused in para 12 of the case diary.

It has been mentioned in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Brahmpura P.S. Case No. 229 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T