Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15156 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -ALAMGANJ District- PATNA ====================================================== Ranjeet Kumar S/o Jitan Mahto Resident of Mohalla - New Bahadurpur, P.S. Bahadurpur, Distt. - Patna.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Sinha For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in connection with Alamganj P.S. Case No.13 of 2016 registered for the offence under Section 387 of the Indian Penal Code.
Allegedly, extortion money of Rs.five lacs was demanded on 26.12.2015 from the informant, Proprietor of Shatabdi Maternity Centre, Gaighat, Patna and thereafter a letter was received to send the amount after informing on mobile No.08864015223.During investigation the SIM bearing No.8864015223 which was used in the Mobile set was recovered from the house of the petitioner and he confessed that the said SIM was thrown away after breaking the same.
Submission is of false implication and that Madhu
Patna High Court Cr.Misc. No.15156 of 2016 (3) dt.20-05-2016 2/2 Kumari had lodged a case as the informant and others were engaged in illegal act, no amount has been paid and, as such, offence under Section 387 of the Indian Penal Code is not made out and the petitioner is suffering in custody since 22.01.2016 having no criminal antecedent, save and except a case under Section 135 of the Electricity Act.
The learned A.P.P. opposes the prayer of bail by pointing out the recovery of mobile.
In the facts and circumstances stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City, in Alamganj P.S.Case No.13 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) AnilKrSinha/- U T