Patna High CourtCR. MISC./50296/2016bail granted

Munna Ram v. The State Of Bihar

2017-01-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50296 of 2016 Arising Out of PS.Case No. -1 Year- 2004 Thana -KUCHILA District- BHABHUA (KAIMUR) ====================================================== Munna Ram, Son of Ramu Ram, R/o Village Salathua, P.S. Kudra, District Kaimur at Bhabua.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Tribhuwan Narayan, Advocate. For the Opposite Party : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.09.2015 in connection with Sessions Trial No. 273 of 2015/526 of 2016, arising out of Kuchila P.S. Case No. 01 of 2004 for the offences instituted under Section 364(A) of the IPC.

The prosecution story, in brief, is that the petitioner and his associates kidnapped and kept a person, namely, Mithilesh Rai, in intention with such kidnapping and threatened to cause death in order to compel for ransom.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.09.2015 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.50296 of 2016 (3) dt.10-01-2017 2/2 tampering of the witnesses alleged against the petitioner. He has remained in custody for more than one year. He is not named in the FIR. The statement of the victim was recorded under Section 161 Cr. P.C. in which he has not named the petitioner. His name has come on the basis of confessional statement of a co-accused. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

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 Additional Sessions Judge 4th, Kaimur at Bhabua, in connection with Sessions Trial No. 273 of 2015/526 of 2016, arising out of Kuchhila P.S. Case No. 01 of 2004.

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