Md. Arsad Saifi @ Arsad Ali @ Md. Arsad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70830 of 2018 Arising Out of PS. Case No.-222 Year-2017 Thana- CHHAURADANO District- East Champaran ====================================================== Md. Arsad Saifi @ Arsad Ali @ Md. Arsad Ali Son of Samsuddin, Resident of Village- Hiramani, P.S.- Chhauradano, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 13.8.2018 in a case registered for the offences punishable under Sections 364A/34 of the I.P.C.

The prosecution case as per the written report of Manju Devi submitted to the SHO, Chhauradano Police Station is to the effect that on 22.9.2017, when till 8.30 P.M., the husband of the informant namely Basant Lal Prasad did not return from his shop then at 9.30 P.M., the informant rang up his mobile phone, then some body conveyed that her husband has met with an accident and they are taking him to Patna for treatment. Thereafter, co-villager of the informant namely Dinesh Sah conveyed that the husband of the informant has

Patna High Court Cr.Misc. No.70830 of 2018(4) dt.21-02-2019 2/3 been kidnapped by 6-7 white coloured Scarpio vehicle borne miscreants. Subsequently, the extortion of Rupees Twenty Lacs was demanded from the informant.

It is submitted by learned counsel for the petitioner that the petitioner took a loan from the victim, as a result, in the statement under Section 164 Cr.P.C. he has named the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that the investigation has already been concluded.

Learned counsel for the informant and learned APP submit that the victim was recovered by the police and in the statement under Section 164 Cr.P.C., the victim described 6-7 persons boarded in Scorpio vehicle and out of those persons, the victim identified four persons including the petitioner. It is further submitted that chargesheet has also been submitted in a theft case registered for the theft of alleged Scorpio vehicle.

Considering the nature of accusation and the identification of the petitioner by the victim, this Court is not inclined to grant bail to the petitioner in connection with Chhauradano P.S. Case No.222 of 2017 pending in the Court

Patna High Court Cr.Misc. No.70830 of 2018(4) dt.21-02-2019 3/3 of the learned CJM, East Champaran at Motihari. This application is, accordingly, dismissed. However, let the trial be expedited.

(Dinesh Kumar Singh, J) anil/- U