Patna High CourtCR. MISC./33140/2020dismissed

Monu Jha @ Monu Kumar Jha v. The State Of Bihar

2021-01-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33140 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== MONU JHA @ MONU KUMAR JHA S/o Mithilesh Jha Resident of VillageRoypura, Post, Murhan Hat, Ward No.11, Police Station-Goradih, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.Akbar Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-01-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Mojahidpur (Babarganj) P.S. Case No. 39 of 2020 registered for the offence punishable under Section 364(A) of the Indian Penal Code.

Allegedly, the victim was kidnapped by some miscreants and a demand of ransom was made. The victim was subsequently rescued and his statement was recorded under Section 164 of the Cr.P.C., which is available in the case diary. In his statement, recorded under Section 164 of the Cr.P.C., the victim has given vivid description of the manner, in which, he was kidnapped. The statement corroborates the allegation of demand for ransom. It further discloses that after his kidnapping

Patna High Court CR. MISC. No.33140 of 2020(4) dt.18-01-2021 2/2 he was put in illegal, forcible confinement of the petitioner. There is specific narration in the said statement that the victim was handed over to the petitioner by the miscreants and miscreants had asked the petitioner to keep the victim in his custody till the demand of ransom was met. The victim was subsequently recovered by the police from a hut where he was kept by the miscreants.

Considering the gravity of the offence and the petitioner's direct role in commission of the crime, as disclosed in the statement of the victim recorded under Section 164 of the Cr.P.C., I am not inclined to grant the petitioner, privilege of regular bail for the present.

This application is accordingly dismissed.

(Chakradhari Sharan Singh, J) AKASH/- U T