Rakesh Kumar @ Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54308 of 2016 Arising Out of PS.Case No. -859 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Rakesh Kumar @ Guddu Singh, Son of late Rajdeo Sharma, Resident of Village & P.O. - Tiskhora, P.S. Naubatpur, District- Patna(Bihar). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihta P.S. Case no.859 of 2014, registered under Sections 363, 364 & 365/34 of the Indian Penal Code.

The accusation is of kidnapping of Rajiv Ranjan, uncle of the informant, on 14.11.2014 by Anant Singh, Bindu Singh along with 16 other unknown persons from his house.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is not named in the F.I.R. The name of the petitioner has been disclosed by the victim in his statement recorded under Section 164 Cr.P.C. about having hand of this petitioner in the occurrence. Further submission is that, in fact, on 14.11.2014 victim Rajeev Ranjan, uncle of informant was

Patna High Court Cr.Misc. No.54308 of 2016 (2) dt.22-12-2016 2/2 apprehended by the Police and produced in the Court of Sri Sanjay Kumar-IV, Judicial Magistrate, 1st Class, Patna City for remanding in Gaurichak P.S. Case No. 74 of 2014, as such prosecution story regarding his kidnapping on 14.11.2014 to totally false. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Danapur in connection with Bihta P.S. Case No. 859 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T