Barku Marandi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42096 of 2019 Arising Out of PS. Case No.-41 Year-2012 Thana- SONO District- Jamui ====================================================== BARKU MARANDI, aged about 50 years, Son of Late Jugal Marandi, Resident of Village - Rakatrohaniya, P.S.- Jhajha, Distt - Jamui. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Rajesh Kumar Sinha, Advocate.
For the Opposite Party :
Mrs.Gulnar Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 364(A)/34 of the IPC. The prosecution story, in brief, is that the father of the informant who is working in Forest Division, Jamui. On 04.04.2012 at about 4.00 P.M. the informant received a call on his Mobile by unknown persons to get talked with the D.F.O. Jamui, and come with Rs. 10,00,000/- near the Gidheshwar Temple otherwise the informant will go with the dead body of his father tomorrow in the morning. The Mobile Number 9934571969 on which talk has been made, belongs to the father of the informant. Hence, the present F.I.R.
It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.42096 of 2019(5) dt.04-12-2019 2/2 petitioner that the petitioner is languishing in custody since 24.03.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused Avinash Mandal. The victim has been recovered and his statement under Section 164 Cr. P.C. has been recorded. The victim has not named the petitioner. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Jamui, in connection with Sono P.S. Case No. 41 of 2012. (Sudhir Singh, J) U.K./- U T