Patna High CourtCR. MISC./57485/2015bail granted

Mantu Rai @ Ranjit Kumar v. The State Of Bihar

2015-12-22Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.57485 of 2015 (2) dt.22-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57485 of 2015 Arising Out of PS.Case No. -163 Year- 2013 Thana -SONEPUR District- SARAN ====================================================== Mantu Rai @ Ranjit Kumar son of Badri Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary For the Opposite Party/s Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 22.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier Cr. Misc. no. 11781/2015 filed on behalf of the petitioner was permitted to be withdrawn by the petitioner giving liberty to him to take steps for grant of bail under the provision of Juvenile Justice Act but submission on behalf of the petitioner is that no claim regarding juvenile has been made on behalf of the petitioner before competent authority and, as a matter of fact, learned Addl. Sessions Judge dismissed the prayer for bail of the petitioner under the provision of section 439 of the Cr.P.C.

Petitioner is named in the first information report which was lodged on the basis of complaint petition filed by the informant. The accusation against the petitioner is that he took son of the informant but son of the informant did not return. The contention on behalf of the petitioner is that, as a matter of fact, so-called victim of the present case took elder brother of the

Patna High Court Cr.Misc. No.57485 of 2015 (2) dt.22-12-2015 petitioner and subsequently, he was killed in Andhra Pradesh for which wife of the deceased filed Complaint case no.1883/2013 and the present case is nothing but offshoot of complainant case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge VIII, Chapra in Sessions trial no. 165/2015 arising out of Sonepur P.S. Case no. 163/2013.

shahid (Hemant Kumar Srivastava,J) U T