Suraj Rai And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.24950 of 2017 (2) dt.14-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24950 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Suraj Rai S/o Badrinath Rai
2. Manish Kumar S/o Suraj Rai Both Resident of Village- Chakbijganj, P.S.- Hajipur Sadar, DistrictVaishali. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioners and learned APP representing the State.
The petitioners apprehend their arrest in connection with Hajipur P.S. Case No. 74 of 2017 registered for the offences punishable under Sections 341, 323, 504, 506, 307, 385, 379/34 of the Indian Penal Code.
Allegedly, the petitioner no. 1 Suraj Raj demanded ransom of Rs. 10 lakhs to release the daughter of the informant who was kidnapped by Sudhanshu Kumar, the son of petitioner no. 1, at Kolkata and when the informant told them at first to see his daughter, then the petitioner no. 1 became angry and gave order to kill him then all started assaulting with fat, feet and slap, petitioner no. 1 tried to kill him by wrapping the scarp in his neck and snatched gold chain. Ludul Chaudhary made alarm and then sensing the assemblance of nearby persons, the accused persons fled away.
Patna High Court Cr.Misc. No.24950 of 2017 (2) dt.14-07-2017 Submission is of false implication and that there is no any injury report, no transaction has taken place, already for kidnapping Tengra P.S. (Kolkata) 08 of 2017 has been lodged wherein investigation is going on. The informant has lodged this case with concocted and baseless allegation and as such the petitioners deserve sympathetic consideration.
Learned APP seriously opposes the prayer of pre-arrest bail of petitioner no. 1 Suraj Rai.
In the facts and circumstances stated above, considering the allegation attributed against petitioner no. 1 Suraj Rai, I am not inclined to grant privilege of pre-arrest bail to him, accordingly, his such prayer stands rejected.
So far as petitioner no. 2 is concerned, he, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 74 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T