Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51196 of 2016 Arising Out of PS.Case No. -247 Year- 2013 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramesh Singh, son of Jagarnath Singh, resident of Village- Parshalawa, P.S.- Patahi, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : Mr. Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Dhaka P.S. Case No. 247 of 2013 for the offences instituted under Section 387 of the IPC.

The prosecution story, in brief, is that on 14.01.2013 at about 6.15 P.M., an extortion call was made on his Mobile No. 9931309749 from Mobile No. 7654175639 and the caller made demand of Rs. 30,00,000/- as ransom by stating himself the founder of 'Azad Hind Fauz' and uttered his name as R. K. Singh. The caller had also given threat to the informant that if he does not pay the ransom within 11 days he will be shot dead.

Patna High Court Cr.Misc. No.51196 of 2016 (2) dt.05-12-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has been made accused in the present case due to mistake of fact. The Mobile used for demanding the ransom belongs to one R.K. Singh. As far as this petitioner is concerned, his name is Ramesh Singh. It is a case of misidentification.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Dhaka P.S. Case No. 247/2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sikrahana at Dhaka, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T