Durga Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4829 of 2018 Arising Out of PS.Case No. -40 Year- 2012 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================

1. Durga Singh, S/o- Late Harishankar Singh, Resident of VillageHasanpur, P.S.- Mahnar, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Tariyani P.S. Case No. 40 of 2012 instituted for offence under Sections384/504 of the Indian Penal Code. Learned counsel for the petitioner submits that FIR was lodged against holder of Mobile No. 9162507133. The petitioner is neither named in the FIR nor mobile No. mentioned in the fardbyan is of the petitioner. During course of investigation, when the police apprehended the holder of Mobile No. 9162507133, he disclosed the name of other persons and when the other person whose name was disclosed by the holder of Mobile No. 9162507133 was interrogated, he disclosed the name of certain other persons and in the third round of interrogation, the name of this petitioner surfaced.

Patna High Court Cr.Misc. No.4829 of 2018 (3) dt.27-02-2018 Counsel for the petitioner submits that the petitioner has no criminal antecedent and he was neither directly nor indirectly connected with the commission of crime i.e. demand of ransom of Rs. 5,00,000/-. Having regard to the fact that name of the petitioner is not mentioned in the FIR and his name surfaced during course of investigation by the person who was using the mobile No. mentioned in the fardbyan which was used for demand of ransom amount, this court is inclined to grant anticipatory bail to the petitioner. Let the petitioner above named in the event of arrest or surrender in the court below within a month from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with to the satisfaction of learned Sub Divisional Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 40 of 2012 subject to condition as laid down u/S 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) A.K.V./- U T