Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37151 of 2015 Arising Out of PS.Case No. -293 Year- 2014 Thana -MARHAURA District- SARAN ====================================================== Sonu Kumar, son of Late Mainu Singh, resident of Village- Pirauta, Police Station- Baniyapur, District- Saran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ganjendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Satyavrat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2015 Heard both sides.
The petitioner apprehends his arrest in Marhaura P.S. Case No. 293/2014, registered for the offences punishable under Section 364A of the Indian Penal Code.
The informant filed a complaint case on the basis of which present FIR was lodged in which he alleged that the petitioner came to his house on 12.01.2015 and demanded extortion for taking wine and meat. On refusal, the petitioner threatened the informant.
It is alleged that on the same day the petitioner took his grand-son on a motorcycle bearing Registration No. BR 01BD 5273 and kidnapped his grand-son.
It is submitted that the present complaint petition is
Patna High Court Cr.Misc. No.37151 of 2015 (3) dt.05-11-2015 2/3 filed on 10.02.2014. The date of occurrence is 17.01.2014. The informant filed Marhaura P.S. Case No. 11/2014 which was registered under Section 297 and 304A of the Indian Penal Code. The informant alleged that the petitioner came to his darwaja and forcibly took his grand-son Rohit Pandey. The informant got information that is grand-son met with an accident and his dead body was lying. The motorcycle of the petitioner was also lying there.
It is further submitted that in fact the petitioner and grand-son of the informant were friends. The motorcycle met with an accident in which the grand-son of the informant died, but later on after more than 24 days of the occurrence the informant filed the case for kidnapping of his grand-son. The informant did not disclose any reason for delay in filing the case that too after 24 days of the occurrence. Although, the informant lodged the case bearing Marhaura P.S. Case No. 11/2014 on 17.01.2014. Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each
Patna High Court Cr.Misc. No.37151 of 2015 (3) dt.05-11-2015 3/3 to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhaura P.S. Case No. 293/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi U T