Md Jabbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31758 of 2020 Arising Out of PS. Case No.-96 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== MD JABBAR S/o Md. Rojeet @ Md. Rojeet Safi Resident of VillageFulkaha, Ward No.10, P.S.-Kishanpur, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr. A.M.P. Mehta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kishanpur P.S. Case No. 96 of 2020, registered under Sections 366(A) and 379/34 of the Indian Penal Code.

The accusation is that in the evening of 23.04.2020 Virendra Mukhiya, Ravindra Mukhiya, Nunulal Mukhiya, all sons of Garilal Mukhiya and Kunti Devi along with six others unknown came at the house of informant Pappu Kumar and on the point of pistol kidnapped his sister Roshni Kumari. At that time, Virendra Mukhiya also made demand of ransom of Rs. 25000/- giving threatening that otherwise his sister will be killed.

Learned counsel appearing for the petitioner submits that petitioner is not named in the F.I.R. In course of

Patna High Court CR. MISC. No.31758 of 2020(3) dt.22-01-2021 2/2 investigation, the statement of victim was recorded under Sections 161 and 164 Cr.P.C. in which she has clearly stated that before six months of the occurrence, she was raped by coaccused Virendra Mukhiya and on the date of incident, the F.I.R named accused along with petitioner and six others unknown kidnapped her and demanded ransom of Rs. 25,000/-. Further submission is that, in fact, petitioner is accused in four cases, as detailed in paragraph-03 of the petition, but he is on bail in that cases, due to that reasons, Police managed to implicate the petitioner in this case being friend of co-accused Virendra Mukhiya. The petitioner is in custody since 14.06.2020 and on investigation, the Police has submitted Chargesheet.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 96 of 2020. (Rajendra Kumar Mishra, J) manish/- U T