Toni @ Sushant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16546 of 2016 Arising Out of PS.Case No. -73 Year- 2015 Thana -KASHICHAK District- NAWADA ====================================================== Toni @ Sushant Kumar, Son of Karyanand Singh, Resident of VillagePain, Police Station - Sheikhpura, district Sheikhpura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party : Mr. Matloob Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kashichak PS case no. 73/2015 registered for the offences punishable under Sections 363, 364(A) of Indian Penal Code.

Allegedly Dheeraj Kumar @ Fatinga aged about 9 years, the son of the informant was kidnapped and through mobile no. 7274889787, ransom of Rs. 8 lacs was demanded causing threat to cut the victim if information was given to the police. During investigation on the basis

Patna High Court Cr.Misc. No.16546 of 2016 (4) dt.23-06-2016 2/3 of confessional statement of Ravi Shankar and Karu, police reached at marriage hall at Barbigha and petitioner and accused namely Raju Kumar @ Kundan Kumar were arrested and inner pant of the said victim boy as well as mobile used in the crime were recovered and both confessed their guilts.

Submission is of false implication and that there is no legal and tangible material against the petitioner, the said inner pant has not been put on T.I.P., without any basis it is stated that the said inner pant was of the victim boy Dheeraj Kumar @ Fatinga and as such petitioner deserves sympathetic consideration to which the learned A.P.P. seriously opposed by submitting that ultimately the said victim boy was murdered and his dead body was thrown in river Ganga at Rajendra Nagar bridge, prayer of bail of similarly situated co-accused Raja Kumar @ Kundan has already been rejected.

In the facts and circumstances stated above, considering the material collected during investigation

Patna High Court Cr.Misc. No.16546 of 2016 (4) dt.23-06-2016 3/3 against the petitioner, I am not inclined to enlarge the petitioner on bail and as such, the prayer stands rejected. (Jitendra Mohan Sharma, J.) rinkee/- U T