Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22853 of 2018 Arising Out of PS.Case No. -390 Year- 2017 Thana -DHAKA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Santosh Sah, son of Radhe Shyam Sah, resident of Amawa Kala, P.S. - Piprakothi, District - Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody since 14.01.2018 in connection with Dhaka (Pachpakari) P.S. case no. 390 of 2017 for the offence under Sections 387, 120B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that from the fardbeyan it appears that the allegation of demanding Rangdari is from Mobile no. 8172905064. He submits that the petitioner is not the owner of that mobile number and as such the petitioner has not demanded any Rangdari from the informant. Learned counsel submits that the petitioner was arrested on the basis of confessional statement recorded only on suspicion and police under duress has recorded the confessional statement, which is inadmissible in law. He submits that in fact the allegation of

Patna High Court Cr.Misc. No.22853 of 2018 (3) dt.17-05-2018 2/2 demanding Rangdari is against one Ajay and not against this petitioner.

Considering the fact that the petitioner is in custody since 14.01.2018 in a case in which the specific allegation of demand of Rangdari against different person, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Dhaka (Pachpakari) P.S. case no. 390 of 2017 with the condition that the bailors should be the family members of the petitioner.

(Anil Kumar Upadhyay, J) Uday/- U T