Dhuman Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.39177 of 2015 (3) dt.09-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39177 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dhuman Ram son of Sukdeo Ram, resident of Village- Murtiya Thakurai Tola, P.S.- Adapur, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Chandra Verma For the Opposite Party : Mr. Pramod Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 28.05.2015 in a case instituted under Sections 364, 120B/34 of the Indian Penal Code.

As per allegation, it is a case of kidnapping the son of the informant, namely, Rajan Kumar, who is aged about ten years by the petitioner and two other accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.05.2015. Chargesheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. Petitioner has falsely been implicated in the present case due to dirty village politics.

Patna High Court Cr.Misc. No.39177 of 2015 (3) dt.09-10-2015 Petitioner and other co-accused are the labourers of Paras Mahto and on the alleged date of night a scuffle was going on in between Paras Mahto and the informant and petitioner was caught and handed over to the police with false and concocted allegation. It is further submitted that the petitioner may be released after completion of nine months in custody from 28.05.2015. On behalf of the State, it has been submitted that the petitioner is named in the FIR and the alleged victim boy is said to have been recovered from conscious possession of the petitioner. Considering the aforesaid facts and circumstances, it is directed that the petitioner be released after completion of nine months in custody from 28.05.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction learned SDJM, Sikrahana, Motihari, East Champaran in connection with Chhauradano P.S.Case No.48 of 2015.

(Sudhir Singh, J) B.Kr./- U T