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Patna High CourtCR. MISC./12374/2016rejected

Dabbu Jha v. The State Of Bihar

2016-06-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12374 of 2016 Arising Out of PS.Case No. -209 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Dabbu Jha, Son of Raj Kishore Jha, Resident of Village- Prahladpur, P.S.- Mushahari, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Opposite Party/s : Mr. Kalayan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-06-2016 Heard both sides.

The petitioner apprehends his arrest in Mushahari P.S. Case No. 209/2015, registered for the offence punishable under Section 364A of the Indian Penal Code.

The informant alleged that her son was kidnapped by Mantu Das and others for ransom.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and no tangible evidence has been collected against him. During course of investigation the name of the petitioner figured on the basis of confessional statement of coaccused. It appears that the victim boy fled away from the custody of the accused persons. It is a case of kidnapping. Identification is necessary. Other accused persons have been granted regular bail as

Patna High Court Cr.Misc. No.12374 of 2016 (4) dt.27-06-2016 2/2 they were not identified in Test Identification Parade. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrender before the court below and pray for regular bail, his prayer for bail shall be considered without being prejudiced by this order taking into consideration that other accused persons who have not been identified in T.I.P. have been granted regular bail.

(Prabhat Kumar Jha, J.) Vinita/- U T