Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 25408 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Subhash Rai S/O Ram Bihari Rai @ Ram Bihari Ray 2.

Ram Bihari Rai @ Ram Bihari Ray, S/O- Late Beyas Rai Both are R/O Village- Harajpur, P.S.- Muffasil Motihari, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr.Amit Kumar Rakesh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 363,365,368/34 of the Indian Penal Code.

Allegation is that the petitioners and others kidnapped to the son of the informant on 19.01.2019. The boy was recovered on the very next day from behind the house of the petitioners. His hands and legs were tied with rope. His statement under Section 164 Cr.P.C. was recorded wherein he supported the allegation of kidnapping and stated that the petitioners had taken wine and that is why they had kidnapped

Patna High Court CR. MISC. No. 25408 of 2019(4) dt.11-06-2019 2/3 him. One more inkling is there that mother of the victim used to call the petitioners in her house and for that father of the victim had assaulted the petitioners.

Submission is that even if entire allegation is assumed to be correct, an offence of kidnapping simpliciter is made out which is bailable one. There is no material to substantiate any motive for kidnapping rather false allegation is there to pressurize in the matter of some affairs between a girl of the family of the informant with a family member of the petitioners.

Learned counsel for the informant opposed the prayer for bail.

Considering the entire facts as well as completion of investigation, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Muffasil Motihari Police Station Case No.34 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the

Patna High Court CR. MISC. No. 25408 of 2019(4) dt.11-06-2019 3/3 bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T