Kashi Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46845 of 2015 Arising Out of PS.Case No. -165 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Kashi Rana Son of Suchit Rana R/o Village Bhatauliya, P.S. Minapur, District Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Raj Kishore Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioner prays for anticipatory bail in a case under Sections 363 and 364 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the petitioner was not among the accused who had been caught on the spot by the villagers rather at the instance of one of the two such persons, namely, Lalan Rana alias Lalan Tiwary, he has been falsely implicated in this case. It is submitted that the father of the petitioner had filed Minapur P.S. Case No. 137/1998 dated 27.8.1998 under Sections 147,148, 341, 323, 307, 447, 427, 448 and 380 of the Indian Penal Code against said Lalan Rana alias Lalan Tiwary and others in which charge sheet

Patna High Court Cr.Misc. No.46845 of 2015 (2) dt.10-11-2015 2/3 was submitted and Sessions Trial is proceeding against the concerned accused persons and in the said case the accused Lalan Rana alias Lalan Tiwary is absconding. Thus, he has maliciously named the petitioner as one of the two other Sadhus who had carried away the boy.

It is further submitted that the petitioner has not been identified by the ten years old son of the informant as one of the kidnappers and, as a matter of fact, the son of the informant has returned after around 8-9 days and he has not disclosed the name of this petitioner in his statement.

It is further submitted that the petitioner is never a Sadhu rather he belongs to a well-off family and there is no question of his being part of the gang of Sadhus particularly with someone like Lalan Rana. It is also submitted that the petitioner has clean antecedents.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner Kashi Rana, in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Alauli P.S. Case No. 165 of 2015 to the satisfaction of Sri Tarun Kumar Jha, Judicial

Patna High Court Cr.Misc. No.46845 of 2015 (2) dt.10-11-2015 3/3 Magistrate 1st Class, Khagaria, subject to the other conditions as laid down under Section 438(2) Cr.P.C.

(Ramesh Kumar Datta, J) S.Pandey/- U T