Manish Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53055 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -MATIHANI District- BEGUSARAI ====================================================== Manish Kumar Das, Son of Ashok Das, Resident of Village- Fulwariya Bazar, P.S.- Fulwariya, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate Ms. Y. Madhavi, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 28.08.2016 in connection with Matihani P.S. Case No. 40/16 registered for the offence punishable under Section 364(A) of the Indian Penal Code.

The prosecution case, as lodged by the father of the victim, is that his son Anubhav Pathak went from his house and not returned. He received a ransom call of Rs. 10 lakhs from a mobile and First Information Report has been lodged against unknown.

It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and the

Patna High Court Cr.Misc. No.53055 of 2016 (2) dt.21-12-2016 2/2 mobile number, from which ransom call was made, did not belong to him and the victim boy upon recovery in his statement under Section 164 of the Cr.P.C. has not named the petitioner, although the name of other co-accused is there. It is submitted that the petitioner has been implicated only the basis of suspicion and that he has no concern with the overt act.

However, learned A.P.P. for the State opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and submission of the parties, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Pushpendra Kumar Pandey, the learned Judicial Magistrate 1st Class, Begusarai, in connection with Matihani P.S. Case No. 40/16, subject to the condition that the petitioner will cooperate with the investigation and appear before the police/ court as and when required, failure of which will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Rajesh/- U T