Raunak @ Raushan @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54216 of 2023 Arising Out of PS. Case No.-930 Year-2022 Thana- DANAPUR District- Patna ====================================================== Raunak @ Raushan @ Raushan Kumar Son of Devendra Lal @ Devendra Lal Karn Resident of village - Gorapati, P.S. - Anandpur, Distt. - Darbhanga ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Mishra For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 365, 364, 377, 120B of the Indian Penal Code.

It is a case of abduction for demand of ransom money. The prosecution story in short is that the informant along with her brother Nawnit Prakash were alone in their house. In the meantime, Rajnish and petitioner came in her house and lifter her brother and went away on 29.08.2022 at 5 P.M.. It is further alleged that one lady Manisha got Rs. 15 lacs with the help of her father in which this petitioner, co-accused Sanjay, Ravi and Abhishek became guarantor of their own free will and Manisha give Rs. 7 lac to the borrower withholding rest of the money.

Patna High Court CR. MISC. No.54216 of 2023(2) dt.25-08-2023 2/3 Thereafter, the said lady handed over a cheque of Rs. 11 lac. It is further alleged that on account of non-refund of the amount, Navneet Prakash was taken away.

It is submitted by learned counsel for the petitioner that petitioner has committed no offence. He has falsely been implicated in this case due to ulterior motive. The present case is lodged on account of non-refund of money which was given to Manisha Kumari in which Navnit Prakash was said to be a guarantor. Moreover, dispute if regarding to non-payment of money and the same is of civil nature but only to give a colour of criminal nature, the petitioner has been falsely implicated in this criminal case. Victim was recovered and his statement was recorded u/s 164 Cr.P.C. in which allegation of un-natural offence is against this petitioner as well as against co-accused Himanshu and Abhinandan but no injury has found to support the allegation as alleged. The other co-accused Abhishek Kumar has already been enlarged on bail by this Bench vide order dated 07.07.2023 passed in Cr. Misc. No. 9770 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 02.09.2022.

The application for bail is opposed by learned APP for the State and submitted that petitioner is named in the FIR.

Patna High Court CR. MISC. No.54216 of 2023(2) dt.25-08-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VI, Danapur, Patna in connection with Danapur P.S. Case No. 930 of 2022. (Sunil Kumar Panwar, J) lata/- U T