Mukesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27048 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -HISUA District- NAWADA ====================================================== Mukesh Singh Son of Late Kripal Singh resident of Village-Eknar,P.S. Hisua District Nawada .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan Kumar For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in a case registered for the offence punishable under section 365 of the Indian Penal Code and section 3(i)(vi) of the SC/ST Act. Prosecution case is that one Ajay Singh took the informant's father and mother to work at the brick-kiln in U.P. Thereafter on 31.1.2016 at 11.00 AM informant's aunt informed on telephone that the father of the informant has been abducted by Ajay Singh and three other accused persons. On search when the father of the informant was not located then the F.I.R. was lodged on recording of the father of the informant the statement u/s 164 Cr.P.C. wherein supported the accusation of kidnapping.. It is submitted by the learned counsel for the petitioner that even assuming the statement under section 164Cr.P.C. of the victim at best a case under section 363 I.P.C. is made out. Moreover, both the
Patna High Court Cr.Misc. No.27048 of 2016 (2) dt.01-07-2016 parties have filed a compromise petition before the learned court below and the matter has been settled.
Considering the aforesaid facts and circumstances, it is a fit case for consideration of the prayer for regular bail. Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Hisua P.S.Case No. 22/2016 pending in the court of Chief Judicial Magistrate, Nawada.
With the aforesaid observation, this application is disposed of.
(Dinesh Kumar Singh, J) Surendra/- U