Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23865 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Abhay Kumar S/o Mahendra Mahto Resident of Village-Chargahan, P.S.- Sirisiya O.P., District-West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Informant : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Chanpatia (Sirisia) P.S. Case No. 20/2017 registered under Sections 363, 364 and 328 of the Indian Penal Code.
The accusation is that on 10.01.2017 when the son of the informant Raja Kumar was going to his computer shop, in the way, three persons, namely, Uttam Kumar Chaubey, Parasmani Chaubey and Abhay Kumar (the petitioner) met him. They forcibly caught hold Raja Kumar, the son of the informant and boarded on the motorcycle. They put the intoxicated material in his nose and covering the eyes took away towards Sanichari. The informant received information about the kidnapping of his son by a villager.
Patna High Court Cr.Misc. No.23865 of 2017 (3) dt.07-09-2017 2/2 Thereafter, he started search of his son.
Learned counsel for the petitioner submits that it appears from the F.I.R. that the petitioner and two other F.I.R. named accused persons are co-villagers of the informant. On the basis of written report of the informant, present case has been lodged on the same day, i.e. 10.01.2017 at 04.10 P.M., whereas it would appear from the case diary that on hearing the rumour of kidnapping of a boy at about 9.15 AM, the I.O. of the case proceeded to the shop of the victim at 11.30 AM where the son of the informant was found sitting and his mobile, computer and all belongings were also present there, which is sufficient to show the falsity of the case.
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 Court below within a period of six 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 learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia (Sirisia) P.S. Case No. 20/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J.) Rakhi U T