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Patna High CourtCR. MISC./9652/2017rejected

Bhulan Chaudhry v. The State Of Bihar

2017-04-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9652 of 2017 Arising Out of PS.Case No. -182 Year- 2006 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhulan Chaudhry Son of Late Jungle Chaudhary, Resident of VillageSigari Thuthi, Police Station-Ramnagar, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-04-2017 Heard both sides.

The petitioner seeks bail in Ramnagar P.S. case No. 182 of 2006 under Section 364A/34 of the Indian Penal Code. Dhruv Rao, the informant, alleged that his son had gone to see his field but criminals kidnapped his son, Jauni Rao @ Janmejay Rao and others for ransom. After some time two victims fled away.

The learned counsel for the petitioner submits that petitioner is not named in the FIR. The petitioner has not been put in T. I. parade. Jauni Rao @ Janmejay Rao did not name the petitioner in his statement recorded under Section 164 of the Cr. P. C. Similarly situated accused Hiraman Bin and Manoj Mukhiya

Patna High Court Cr.Misc. No.9652 of 2017 (4) dt.17-04-2017 2/2 have already been granted bail vide orders passed in Cr. Misc. No. 48619 of 2008 and in Cr. Misc. No. 22087 of 2011 but it appears from perusal of the case diary that victim Gorakh Yadav in paragraph 48 and Parshuram Yadav in paragraphs 62 of the case diary, after being released from captivity of the kidnappers, disclosed the name of the petitioner as one of the persons who kidnapped them and others. The case is of the year 2006 and petitioner was absconding for more than ten years. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T