Sharvan Kumar @ Shravan Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.5762 of 2016 (2) dt.17-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5762 of 2016 Arising Out of PS.Case No. -306 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sharvan Kumar @ Shravan Kumar Son of Kashi Paswan, Resident of Village - Sirha, P.S. - Pakridayal, District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Pakridayal P.S. Case No. 306 of 2014 registered for the offences punishable under Sections 420, 406, 323, 364 (A), 504, 506/34 of the Indian Penal Code.
Allegedly, Shubham Kumar the grand son of complainant/informant was taken away by the petitioner and other co-accused on 3.10.2014 on the plea to see fair but thereafter he became traceless and when the informant asked he was caused threats and was demanded Rs. 4,00,000/-.
Submission is of false implication and that the victim has appeared suo moto and thereafter his statement has been recorded under Section 164 Cr.P.C., wherein he has stated as per
Patna High Court Cr.Misc. No.5762 of 2016 (2) dt.17-02-2016 the dictation of the informant, earlier to this case the petitioner has filed Pakaridayal P.S. Case No. 104 of 2014 against the informant and others and thereafter only with a view to put pressure of this case has been lodged and as such the petitioner suffering in custody since 22.9.2015 deserves sympathetic consideration. Learned A.P.P. submits that the petitioner is named in the complaint petition which is the basis of this case. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 5th, Motihari, in connection with Pakaridayal P.S. Case No.
306 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
siddharth/- (Jitendra Mohan Sharma, J) U T