Vijay Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24783 of 2020 Arising Out of PS. Case No.-368 Year-2004 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Vijay Kumar Ray (Male), aged about 25 years, Son of Late Ram Bilash Ray, Resident of Village- Bahrampur, Thakurbari Tol, P.S.- Bachhawara, DistrictBegusarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vindhya Keshri Kumar, Sr. Advocate Mr. Arjun Prasad, Advocate For the Opposite Party :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-01-2021 Heard learned senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Samastipur (Mufassil) P.S. Case No.368 of 2004 for the offence under Section 364/34 of the Indian Penal Code. Mr. Vindhya Keshri Kumar, learned senior counsel for the petitioner, submits that the petitioner has got no criminal antecedent. Learned counsel submits that in connection with execution of sale deed for purchasing land, it is alleged that in order to exert pressure upon the informant, the son of the informant was kidnapped by the petitioner. Mr. Kumar with
Patna High Court CR. MISC. No.24783 of 2020(3) dt.18-01-2021 2/2 reference to the statement of the victim under Section Section 164 of the Cr. P.C. would submit that the statement does not suggest that any inhumane act upon him was committed by the petitioner or the victim was treated with cruelty. Learned senior counsel submits that although offence is non-compoundable but the parties have entered into compromise. The compromise petition is relevant for the purpose of grant of bail to the petitioner who is in custody since 25.01.2020. Considering the totality of the fact situation, the Court is inclined to grant bail to the petitioner. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Samastipur (Mufassil) P.S. Case No.368 of 2004.
(Anil Kumar Upadhyay, J) BT/- U T