Ravish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33771 of 2017 Arising Out of PS.Case No. -253 Year- 2016 Thana -BAKHRI District- BEGUSARAI ====================================================== Ravish Kumar Son of Jagdish Tanti Resident of Village- Moti Hari Singh, P.S. Bakhri, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Bakhri P.S. Case No. 253 of 2016 for offences punishable under Sections 363/365/34 of the Indian Penal Code later on Sections 364, 302 I.P.C. read with Section 201/24 I.P.C. has been added. The prosecution case, as lodged by the informant, is that his son namely Chhotu Kumar aged 16 years became traceless from the house since 06.12.2016. The next day he received a call from mobile no. 7255068461 for some ransom in lieu of release of his son, thereafter the said mobile was switched off. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.33771 of 2017 (3) dt.29-08-2017 2/3 petitioner that he is innocent, the dead body of Chhotu Kumar was recovered after 19 days and the mobile does not belong to him rather his father-in-law with whom the relations became strained and ultimately broken. He submits that he has been made accused only on the basis of suspicion because he was having friendship with the deceased Chhotu Kumar and that one of the witnesses has deposed about seeing the petitioner along with the deceased after three months which create a doubt in the prosecution story. He submits that there is no direct or indirect evidence against him, he bears no criminal history, has been falsely implicated in the aforesaid case and is in judicial custody since 18.01.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge Begusarai in connection with S.T. No. 212 of 2017 arising out of Bakhri P.S. Case No. 253 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the

Patna High Court Cr.Misc. No.33771 of 2017 (3) dt.29-08-2017 3/3 jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T