Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29151 of 2023 Arising Out of PS. Case No.-867 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Ritesh Kumar, Son of Rajesh Kumar, Resident of Village- Parsa Mathura, PSParsa, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Kankarbagh P.S. Case no. 867 of 2022 registered under sections 364A and 34 of the Indian Penal Code.

3. As per the prosecution case, four accused persons kidnapped the brother of the informant in a car. The informant received the information on telephone. On reaching the hospital, from where the kidnapping had taken place, it transpires that there were four accused persons of which three accused persons once again came in the morning and took away Rs.3.2 lacs in the name of ransom. It is further stated that a phone call was

Patna High Court CR. MISC. No.29151 of 2023(3) dt.11-09-2023 2/3 received from the mobile numbers mentioned in the F.I.R. The informant's brother, who was on the other side of the phone, was weeping and pleading that arrangement should be made for Rs.10 lacs or else the consequences would be bad.

4. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R., which has been registered against four unknown. The name of the petitioner transpired in the confessional statement of the co-accused made before police. The petitioner is a student and is studying in the Jay Prakash Universtiy. As a part-time job, he works in a cyber cafe and his work includes transaction of funds through RTGS and NEFT. It appears that it is some other co-accused who got the alleged ransom amount transferred through the informant to the bank account of the petitioner. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, the material that has transpired in course of investigation including the fact that the extortion money demanded by the accused persons was paid by transfer of the

Patna High Court CR. MISC. No.29151 of 2023(3) dt.11-09-2023 3/3 same in the account of the petitioner, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

(Partha Sarthy, J) avinash/- U T