Patna High CourtCR. MISC./48172/2017bail granted

Ram Sagar Yadav And ANR v. The State Of Bihar

2017-11-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48172 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -NIRMALI District- SUPAUL ======================================================

1. Ram Sagar Yadav, S/o Late Nirvay Yadav, R/o Village- Dhangarhi, Ward No.13, P.S.- Visnupur, Tathiya, District- Sirha (Nepal).

2. Alauddin @ Salman S/o Indal, R/o Govindpur, P.S.- Lahan, DistrictSirha, Nepal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2017 Heard the counsels for the parties.

The petitioners seek bail in connection with Nirmali P.S. Case No. 28/2017 dated 12.04.2017 instituted for the offences under Sections 364(A) and 120(B) of the Indian Penal. The petitioners are not named in the F.I.R. The informant, who is the brother of the victim, has alleged that the victim was kidnapped while coming back home. Some of the named persons in the F.I.R. had seen the act of kidnapping. The victim gave his statement under Section 164 of the Cr.P.C. in which the petitioners have not been named. However, during course of investigation, materials have been collected which indicate that the petitioners had tried to mediate between

Patna High Court Cr.Misc. No.48172 of 2017 (3) dt.28-11-2017 2/2 the kidnappers and the informant for paying the ransom. Admittedly, no money was paid.

The petitioners do not have any criminal antecedent and they are in custody since 13.04.2017.

Taking into account the fact that the petitioners are not named in the statement made by the victim under Section 164 of the Cr.P.C. and their period of custody (13.04.2017), this Court is inclined to grant bail to the petitioners. The petitioners above named are directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Supaul in connection with Nirmali P.S. Case No. 28/2017. (Ashutosh Kumar, J.) Rakhi U T