Rakesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.20666 of 2015 (3) dt.16-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20666 of 2015 Arising Out of PS.Case No. -13 Year- 5015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== RAKESH YADAV SON OF GANESH YADAV R/O VILLAGE- KASI TOLA, CHAK, MASKAS, P.S SURYAGARHA, DISTRICT LAKHISARAI.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Begusarai (Town) P.S. Case No. 13 of 2015 registered under Sections 363, 365 and 364/34 of the Indian Penal Code.

The accusation is that on 31.12.2014, victim, Raj Kishore Prasad, brother of the informant, moved from house on receiving call on his mobile. In the evening, when brother of informant, did not return then attempt was made to contact his brother on his mobile, which was found switched off. The informant raised suspicion against the petitioner and others to kidnap his brother, Raj Kishore Prasad.

Patna High Court Cr.Misc. No.20666 of 2015 (3) dt.16-09-2015 Learned counsel for the petitioner submits that petitioner, Rakesh Yadav, is the son of Ganesh Yadav while in the F.I.R. suspicion has been raised against accused, Rakesh Yadav, son of late Nawal Yadav but merely on suspicion police apprehended the petitioner and got recorded the statement under Section 164 of the Cr.P.C. in paragraph 84 of the case diary to the effect that victim was kidnapped by him and others named in the F.I.R. and later on Mahesh Prasad shot fire at the deceased except that there is nothing against the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 07.01.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusrai, in connection with Begusarai (Town) P.S. Case No. 13 of 2015.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T