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Patna High CourtCR. MISC./25609/2023bail granted

Ranjeet Kumar Singh @ Baua v. The State Of Bihar

2023-07-28Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25609 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- BISFI District- Madhubani ====================================================== 1.

Ranjeet Kumar Singh @ Baua Son Of Ram Yogendra Singh @ Bhogendra Singh Resident Of Village - Madhupur, P.S. - Bisfi (Patauna), Distt. - Madhubani 2.

Dhiraj Kumar @ Dhiraj Kumar Singh @ Dheeraj Kumar Son Of Binod Kumar Singh Resident Of Village - Madhupur, P.S. - Bisfi (Patauna), Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 323, 341, 380, 504, 506, 363, 366(A), 34 of the Indian Penal Code.

3. As per the prosecution case, on 12.11.2021, coaccused Govind Kumar @ Deepak alongwith his associates kidnapped the grand daughter of informant, but anyhow the victim was recovered in a bus and co-accused Govind Kumar succeeded in fleeing away, but the informant did not lodge any case due to social prestige. It is further alleged that on 20.03.2022 at about 6.30 PM, co-accused Govind Kumar @ Keepak alongwith petitioners and other co-accused and five

Patna High Court CR. MISC. No.25609 of 2023(3) dt.28-07-2023 2/3 unknown persons, armed with weapons, forcibly entered in the house of informant and committed loot of ornaments worth Rs. 3,00,000/- and also tried to outrage modesty of grand daughter of informant, but in the meantime, some villagers assembled there and grand daughter of informant could be saved.

4. It is submitted on behalf of petitioners that allegation of kidnapping is not alleged against petitioners, rather the same is attributed against co-accused Govind Kumar @ Deepak and his brother-in-law. The aforesaid fact has also been supported by the victim, in her statement recorded under Section 164 Cr.P.C. So far as these petitioners are concerned, they are only alleged to have committed theft in the house of informant, which is admittedly general and omnibus. Both parties are neighbours. The victim was examined by the doctor, who did not find any external / internal injury on her person. Petitioners have got clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the fact that there is no allegation of kidnapping against these petitioners and allegation of theft is general and omnibus coupled with the fact that petitioners have got clean antecedent, let the above named petitioners, in the

Patna High Court CR. MISC. No.25609 of 2023(3) dt.28-07-2023 3/3 event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Benipatti, District - Madhubani in connection with Bisfi (Patauna) P.S. Case No. 110 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T