Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43589 of 2015 Arising out of PS.Case No. -208 Year- 2014 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Shashi Kumar, son of Shivjee Das, resident of village- Makdumpur Kodariya, P.S.- Karja, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Yugal Kishore, Advocate. For the Opposite Party : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 06.07.2015 in connection with Brahmpura P.S. Case No. 208 of 2014 for the offences instituted under Sections 363 and 365 of the IPC. Later on, Section 364A I.P.C. was also added.

The prosecution story, in brief, is that the informant's husband, namely, Satya Narayan Prasad, who is running Narayan Educational Point and also doing whole sale business of Mustard Oil and on 21.09.2014 at 7.00 P.M. her husband went with his staff for collection of dues of oil business in his car bearing No. BR-06T-0821 towards Rewa Road at Pakari, Marwan, Karja Village but he did not return. It is further alleged that when the

Patna High Court Cr.Misc. No.43589 of 2015 (3) dt.10-11-2015 2/3 informant tried to contact on his Mobile Nos. 8541893655, 9199573440 and 8578061006 but all numbers of Mobile sets were switched off. It is further alleged that next day early morning information regarding his missing was given to the police officer and during search, Indica Car of her husband was found on Highway near Japha and found goods of her husband lying there and also raised suspicion of kidnapping of her husband and accordingly, FIR has been lodged.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 06.07.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. The petitioner is not named in the FIR. The victim is said to have been recovered. The victim has not named this petitioner. Other co-accused has been granted bail by this Court vide Cr. Misc. No. 15404/2015.

On behalf of the State it has been submitted that the name of the petitioner has come in course of investigation. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.,

Patna High Court Cr.Misc. No.43589 of 2015 (3) dt.10-11-2015 3/3 Muzaffarpur, in connection with Brahmpura P.S. Case No. 208/2014, G.R. No. 4824/2014.

U.K./- (Sudhir Singh, J) U T