Rinku Rai @ Rinku Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.98 of 2017 Arising Out of PS.Case No. -488 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Rinku Rai @ Rinku Roy, Son of Chandra Kishor Rai, resident of VillageLee Academy Road, Ward No. 16 P.S. Forbesganj, Distt- Araria.; .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ramesh Kumar Singh, Advocate. For the Opposite Party : Smt Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 11.09.2016 in connection with Forbesganj P.S. Case No. 488 of 2016 for the offences instituted under Sections 386/34 of the IPC. The prosecution story, in brief, is that on 11.09.2016, the informant received a call on his mobile. The caller disclosed his name as Binod Rathore, demanded Rs. 50,000/- from the informant. He informed his uncle and the police. The informant reached with money at the Petrol Pump of Bhupesh Babu as per direction of the miscreant and he gave Rs. 50,000/- to the miscreant where the police arrested him who disclosed his name as this petitioner. He also disclosed that he was sent by co-accused
Patna High Court Cr.Misc. No.98 of 2017 (2) dt.14-02-2017 2/2 Raja @ Afroj to the informant to collect ransom. He was also arrested by the police and from his possession, a mobile was recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.09.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. He has been made accused in the present case due to mistake of fact. He had no knowledge for what purpose the money was to be collected from the informant. It is further submitted that the petitioner may be released on bail after completion of six months in custody from 11.09.2016. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody from 11.09.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Araria, in connection with Forbesganj P.S. Case No. 488 of 2016. U.K./- (Sudhir Singh, J) U T