Dablu Ray @ Ravi Bhushan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36896 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Dablu Ray @ Ravi Bhushan Prasad Son of Late Lakhindra Ray Resident of Village- Repura, P.S- Patepur Dist- Vaishali, Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Parihar For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Patepur P.S. Case no. 289 of 2023 instituted for the offence under Sections 363, 365 and 34 of the Indian Penal Code. The prosecution case in brief is that the informant's grand son namely, Gautam Kumar is a teacher in Repura Middle School and on 29.11.2023, while his grand son was teaching the students in school, all the accused persons named in FIR including the petitioner have abducted his grand son from that school by bolero vehicle.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.36896 of 2024(2) dt.17-05-2024 2/3 offence. It is further submitted from para-7 of this petition that petitioner has three brothers, namely, Rajesh Rai, Dablu Rai(petitioner) and Bhushan Ray and all three brothers are quite separate from one another and all reside in their separate house and they all have no concern with the mess and business from one another. He has no concern with this alleged occurrence and also he was not present at the time of alleged occurrence. It is also submitted from para-9 of this petition that victim has not told the name of the petitioner in respect of commission of abduction in his statement recorded under Sections 161 and 164 of the Cr.P.C. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 21.03.2024 in Cr. Misc. No. 4302 of 2024.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Patepur P.S. Case no. 289 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.36896 of 2024(2) dt.17-05-2024 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class-cum-Additional Munsif 6th, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shubham/- U T