Patna High CourtCR. MISC./9108/2016rejected

Mukul Kumar @ Sonu v. The State Of Bihar

2016-04-25Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9108 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Mukul Kumar @ Sonu Son of Nandu Ram Resident of VillageMakhdumpur, Police Station Manpur, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabindra Prasad Singh For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 369 of the I.P.C Allegedly, the petitioner took away Shibam Kumar, two years aged son of the informant, as the petitioner was working as helper on the tractor of the informant. During investigation the victim boy was recovered and the petitioner was also arrested from the house of his brother-in-law, namely, Ashok Ram. Submission is of false implication and that due to demand of wages the petitioner has been implicated falsely, there is no legal and cogent material against the petitioner and he is

Patna High Court Cr.Misc. No.9108 of 2016 (4) dt.25-04-2016 2/2 suffering in custody since 19.02.2015.

The learned A.P.P. opposes prayer for bail by submitting that on the basis of the information furnished by the spy the victim boy was recovered and the petitioner was arrested from the house of Ashok Ram which is mentioned in paragraph-16 of the case diary.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Bihar P.S. Case No. 61 of 2015 pending in the court of C.J.M. Nalanda at Biharsharif.

However, considering detention of the petitioner, let the trial be expedited and concluded preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) Abhay/- U T