Brajesh Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25812 of 2016 Arising Out of PS.Case No. -196 Year- 2015 Thana -AMAUR District- PURNIA ====================================================== Brajesh Kumar Ray Son of Santosh Kumar Ray Resident of village - Amour Tola, Ram Nagar, P.S. Amour, District - Purnea .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bijendra Kumar Singh, Advocate.
For the Opposite Party : Smt. Indu Bala Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2016 Heard both sides.
The petitioner apprehends his arrest in Amour P.S. Case No. 196 of 2015 registered for the offences punishable under Sections 341, 342, 323, 365, 201, 354(B) and 34 of the Indian Penal Code.
Md. Manzur Alam, the informant alleged that one Amor P.S. Case No. 92 of 2015 was registered under Section 376 of the Indian Penal Code against Brajesh Kumar Ray, the petitioner. 02.11.2015 was fixed for hearing of the case and on 29.10.2015, his daughter disappeared from his house. Md. Sajjad Alam informed the informant that his daughter is in his house and on such the informant went there and found his daughter. The daughter of the informant disclosed name of 13 persons who are
Patna High Court Cr.Misc. No.25812 of 2016 (2) dt.18-08-2016 2/2 alleged to have kidnapped the daughter of the informant and kept her in the house.
It is submitted that the petitioner is not named in the FIR. The informant himself named the petitioner in his further statement. All the 13 accused persons named in the FIR have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 7994 of 2016 on 23.02.2016. The case of the petitioner stands on better footing.
Considering the facts aforesaid and the fact that the petitioner is not named in the FIR and the other 13 accused persons who are named in the FIR have already been enlarged on anticipatory bail, 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 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge VI-cum-A.C.J.M., Purnea in Amour P.S. Case No. 196 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T