Daroga Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11921 of 2017 Arising Out of PS.Case No. -136 Year- 2016 Thana -RAJEPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Daroga Prasad, son of Ram Chandra Prasad, resident of village - Kasi Pakari, Police Station - Rajepur, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 341, 342, 323, 324, 307, 364A and 120B of the Indian Penal Code.

According to FIR, some unknown persons kidnapped to the son of the informant Deepak Kumar in his presence. Certain persons are named in the FIR. Co-accused Raj Mangal Sah confessed before the police that he and others had kidnapped the victim.

Submission of the petitioner is that victim boy has already been recovered. However, his statement has not been recorded by the police under Section 161 Cr.P.C. or under Section

Patna High Court Cr.Misc. No.11921 of 2017 (4) dt.08-05-2017 164 Cr.P.C. Similarly situated co-accused Rama Shankar Rai has already been allowed bail by a coordinate Bench of this Court in Cr.Misc.No.11721 of 2017.

Considering the aforesaid facts, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran at Motihari/Successor Court, in connection with Rajepur P.S. Case No.136 of 2016, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case. (Birendra Kumar, J) Arvind/- U T